When you should get advice
- I received a text from the police asking me to appear as a suspect, but my Korean is poor
- My husband was arrested, and I do not know whether to inform the embassy
- During questioning, the interpreter seemed to shorten what I said
- I signed a statement record in Korean without knowing what it said
- I was told that an arrest warrant (구속영장) has been requested
- My departure date is approaching, but the investigation has not finished
Relevant laws
Police Investigation Rules Article 91 (Questioning of Foreigners)
When questioning a foreigner, judicial police officers must provide interpretation in a language the person understands. When arresting or detaining a foreigner, they must inform the person that they can freely meet and communicate with consular officers and can request that the consulate be notified of the arrest or detention, and if requested, must notify the consulate without delay.
Criminal Procedure Act Article 180 (Interpretation) and Article 244 (Preparation of the Suspect Interrogation Record)
The statements of a person who does not understand Korean must be interpreted by an interpreter. The record must be shown or read to the suspect, and if the suspect raises an objection, it must be added to the record.
Criminal Procedure Act Article 243-2 (Participation of Defense Counsel, etc.)
If requested by the suspect or their defense counsel, legal representative, spouse, lineal relatives or siblings, the judicial police officer must allow defense counsel to meet the suspect or attend the questioning.
Rules on Criminal Investigation Articles 215, 217 and 218
In questioning, arresting or detaining foreigners, their language, customs and habits must be considered, and if a treaty requires the consulate to be notified regardless of the person's wishes, the consulate must be notified. If the person is not fluent in Korean, the record must be prepared through an interpreter, and a translation must be attached when executing a warrant or providing a list of seized items.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Interpretation is a right you can request
When the police question a foreigner, they must provide interpretation in a language the person understands. If you are questioned without an interpreter because you can manage everyday conversation, your meaning can easily be misunderstood in questions about intent or how the incident happened. Before you appear, clearly tell the investigator that you need an interpreter and in which language.
It is better to avoid having a family member or friend interpret. Interpretation by someone with an interest in the case may later be considered unreliable. Instead, if you need emotional support because of your nationality or other reasons, you can ask for a person you trust to sit with you (Criminal Procedure Act Article 244-5).
Check the statement record again through the interpreter before signing
The statement record is written in Korean. Ask the interpreter to read the record back to you from the beginning, and ask for anything that differs from what you said to be corrected. If you raise an objection, it must be added to the record, and the original sentences before correction must remain readable.
The police must record that the statement record was read to you through an interpreter and obtain the interpreter's signature (Rules on Criminal Investigation Article 40). Signing without understanding is the most dangerous thing. If you are tired or do not understand, ask for a break.
If you are arrested, you can have your consulate informed
When a foreigner is arrested or detained, the police must tell them that they can meet and communicate with consular officers and can ask for the consulate to be informed of the arrest or detention. This right also comes from Article 36 of the Vienna Convention on Consular Relations. If you request it, the police must notify the consulate without delay, and for some countries, the consulate is notified under a treaty regardless of the person's wishes.
A translation must be attached when a warrant is executed and when a list of seized items is given. If an arrest warrant (구속영장) is not requested within 48 hours of the arrest, the person must be released. If a warrant is requested, a judge questions the person directly. If the person has no defense counsel at this hearing, a court-appointed defense counsel (국선변호인) is assigned.
The new investigation structure from October 2026
From October 2, 2026, the Prosecutors' Office (검찰청) is abolished, and the Public Prosecution Service (공소청) handles indictments. Investigations are carried out by the police and the Serious Crimes Investigation Agency (중대범죄수사청), while prosecutors decide based on the case files and request supplementary investigation if needed. As a result, the statements made and materials submitted at the police stage may carry more weight.
Foreigners may be banned from leaving Korea while an investigation or trial is ongoing. If you have plans to leave, tell the investigator in advance and arrange the questioning schedule. If you received a notice of an exit ban (출국정지), you can file an objection within 10 days of receiving it or learning of it (Immigration Act Articles 29 and 4-5).
How the Jisan Law Foreigner Center responds
- 1
Direct consultation
Managing Partner Hansol Kim personally hears your case and also checks your status of stay, its expiry date and your departure plans. Consultations are available in English.
- 2
Practicing for questioning
We pick out likely questions and practice as if it were the real questioning. We also point out in advance how your words can change through interpretation.
- 3
Sitting in on questioning
We go into the interview room with you, check that the interpreted questions and answers match what is written in the record, and object on the spot to leading or improper questions.
- 4
Visits after arrest and the pre-detention hearing
We visit the arrested person, make sure consular notification and access to counsel are provided, and attend the pre-detention hearing (영장실질심사) to explain, with evidence of housing and ties to Korea, that detention is not necessary.
- 5
Written opinions and preparing for your stay
We submit defense counsel's written opinions to the police and prosecutor, and also prepare for how the outcome will affect your stay.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
Do I have to pay for the interpreter?
We have not found any rule requiring the suspect to pay for an interpreter appointed by the investigating agency for questioning. The situation is different if you use a separate interpreter for meetings with your lawyer or consultations, so check in advance.
I am worried that informing the consulate will leave a record in my home country.
In principle, consular notification is made when you request it. However, with some countries, a treaty may require notification regardless of your wishes. Whether you need consular assistance depends on the case and your nationality, so decide together during your consultation.
Can foreigners get a court-appointed defense counsel?
The same standards apply regardless of nationality. If you have no defense counsel at the arrest warrant hearing, the judge appoints one, and after indictment, the court appoints one depending on factors such as whether you are detained and the statutory penalty (Criminal Procedure Act Articles 33 and 201-2).
Can I postpone the date I have to appear?
If there are reasons such as arranging an interpreter, hiring a lawyer or departure plans, you can contact the investigator and ask to reschedule. However, if you keep failing to appear without a valid reason, an arrest warrant (체포영장) may be requested (Criminal Procedure Act Article 200-2), so do not avoid their calls.