I want to postpone my questioning date

The date on a summons or text is often one the investigator picked first. If that day does not work, the most important thing is to get in touch before the date comes.

• Find the investigator's name, department and case number on the summons (출석요구서) or text.
• Sum up in one line why that date is difficult. If you have something to show, such as a business trip schedule, a text confirming a medical appointment or exam information, have it ready.
• Pick two or three dates that work. Choosing only dates far in the future gives the impression you are trying to delay.
• Call the investigator, explain your situation and set a new date.
• After the call, ask for the new date and time to be confirmed by text as well.

When asking someone to appear, the investigator must allow enough time so that it does not disrupt their livelihood, and if the suspect asks for a postponement, the date must be adjusted unless there are special circumstances. The date, time and place of questioning must be agreed with the suspect, and also with the suspect's lawyer if there is one (Regulation on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Rules (수사준칙) Article 19(1)(iii) and (2)).

The same article also says that taking statements by post or phone instead of in person should be considered first. For a simple check of facts, you can ask whether you may answer in writing. If you have a reason that makes it hard to come to the station, such as being in hospital, questioning can take place outside the police station (same article, (1)(i) and (5)). The same applies to witnesses.

The more specific the reason, the better, and it helps further if you have proof. For the reasons below, investigators generally agree to change the date.

• Hospital stay, surgery or treatment schedule (medical certificate or booking record)
• Business trip or stay abroad (flight ticket, business trip order)
• Exam, job interview or a court date already set
• Family matters such as a funeral or childbirth
• Time needed to hire a lawyer and review materials

If a suspect fails to respond to a summons without a valid reason, or is likely not to respond, an arrest warrant (체포영장) can be requested (Criminal Procedure Act (형사소송법) Article 200-2(1)). Missing one date does not immediately lead to a warrant, but if you repeatedly let dates pass without contact, it is easy to conclude that you have no intention of appearing. Even in minor cases where the only penalties are a fine of 500,000 won or less, short detention or a petty fine, failing to appear without a valid reason makes you subject to an arrest warrant (proviso to the same paragraph).

So even if you postpone, it is important to leave a record of the reason and the new date each time. If you missed the investigator's call, at least send a text first.

The point of postponing is to prepare. In the extra time, write down what happened in date order and gather materials that support your account, such as messages and transfer records. Thinking ahead about likely questions and marking the parts that are hard to answer also shortens the consultation. If the case started with a complaint, ask the investigator what the other party is complaining about so you know the scope of the allegation first. Postponing without preparing only means going through the same anxiety twice.

Once you retain us, your lawyer rearranges the questioning date directly with the investigator. During the extra time, a managing partner consults with you in person to organise the materials, practises likely questions with you, and goes into the questioning with you. If there are only a few days left before the date, contact us first through the chat on this page.