A foreign national has become a suspect

Summonses come in Korean, so a Korean family member is often the first to read them. Start with the points below.

• Tell the investigator in advance that an interpreter is needed, and say exactly which language you need.
• Check the passport, alien registration card (외국인등록증), status of stay and its expiry date.
• If arrested, the person can ask for the consulate to be notified.
• If a spouse, lineal relative or sibling is in Korea, they can apply for a lawyer's participation on the person's behalf (Criminal Procedure Act (형사소송법) Article 243-2(1)).
• If an extension of stay or a planned departure date is close, note that date as well.

When questioning a foreign national, the police must provide interpretation in a language the person understands (Police Investigation Rules (경찰수사규칙) Article 91(1)). At trial too, statements by a person who does not understand Korean are interpreted by an interpreter (Criminal Procedure Act Article 180). If you are questioned without an interpreter because you can handle everyday conversation, questions involving legal terms may be understood differently.

Having a family member act as interpreter is not recommended. Interpretation by someone with an interest in the case may be seen as unreliable. Instead, where psychological stability and smooth communication are needed in light of nationality or similar factors, a person in a relationship of trust can sit in (Article 244-5(ii)).

The record is written in Korean. The investigator must let you read it or read it to you (Criminal Procedure Act Article 244(2)), so ask for the whole record to be read back to you from the start through the interpreter. If anything was rendered differently from what you said, ask for a correction on the spot and have your objection noted in the record. The most important thing is not to sign without understanding it.

When arresting or detaining a foreign national, the police must explain that the person can freely meet and communicate with consular officers, within the limits of Korean law, and can ask for the consulate to be notified of the arrest or detention. If requested, the consulate concerned is notified without delay (Police Investigation Rules Article 91(2) and (3)).

A foreign national's departure can be suspended (출국정지) because of an investigation or trial, and the rules on travel bans for Korean nationals apply accordingly (Immigration Act (출입국관리법) Article 29). A person released after being sentenced to imprisonment without labor or a heavier sentence (금고 이상의 형) may be subject to deportation (강제퇴거); for permanent residents, this applies only in exceptional cases, such as insurrection or treason offenses or a sentence of 5 years or more of imprisonment (Article 46). If the violation of law is serious, permission to stay can also be cancelled or changed (Article 89). If a violation of the Immigration Act, such as overstaying, is found during an investigation, the official must report it to the immigration office (Article 84(1)).

How a fine or a suspension of indictment (기소유예) alone affects a person's stay is decided case by case by the immigration authorities. That is why reducing the level of the outcome matters even more than for Korean nationals. From the investigation stage onward, prepare materials showing compensation and settlement and the person's life in Korea.

The person and their Korean family can come to the consultation together, and a managing partner hears about the case and the immigration situation in person. We attend the questioning to check that the interpreted questions and answers match what is written in the record, and if the person has been arrested, we visit them and make sure consular notification and access to counsel are in place. At the decision stage, we submit materials on compensation and life in Korea in a written opinion. To book a consultation, send us a message through the chat on this page.