When a foreign family member is arrested

If you hear of an arrest, do not panic. Organize things in the following order.

• Find out which police station they are at, who the investigator in charge is, and what they are accused of.
• Check your family member's passport, residence card, status of stay and expiry date.
• Check whether your family member wants the consulate to be notified, and if so, ask the investigator.
• Gather documents showing their address, job and family relationships (lease contract, certificate of employment, family relationship documents).
• Request a lawyer visit right away. The spouse, lineal relatives and siblings can also make this request.

The family's actions can work against the arrested person.

• Contacting the victim or accomplices to align stories or push for a settlement.
• Removing or deleting phones or documents at home.
• Family members explaining the case to the investigator on the person's behalf without knowing the details.
• Hurriedly leaving for your home country. This can be seen as a risk of flight.

To detain an arrested suspect, an arrest warrant for detention must be requested within 48 hours of the arrest, and if it is not requested, the suspect must be released immediately (Criminal Procedure Act Article 200-2(5) and Article 200-4). If a warrant is requested, a judge questions the suspect directly, usually by the day after the request.

At the pre-detention hearing (영장실질심사), the judge considers whether the person has a fixed residence and whether there is a risk of flight or destruction of evidence. Foreigners are easily seen as likely to leave the country, so it is important to show with evidence their housing, job, family and how long they have lived in Korea. If the person has no lawyer, the judge appoints a court-appointed defense counsel.

When the police arrest or detain a foreigner, they must tell the person that they can meet and communicate with consular officers and can ask for the consulate to be informed of the arrest, and if requested, must notify the consulate without delay (Police Investigation Rules Article 91). This is also a right under Article 36 of the Vienna Convention on Consular Relations. For some countries, notification is required under a treaty regardless of the person's wishes.

A translation must be attached when executing a warrant, such as an arrest warrant, or when giving a list of seized items (Rules on Criminal Investigation Article 218). During questioning, the person must be given interpretation in a language they understand.

If the person is detained, the next decision is made within 10 days at the police stage and within 10 days at the prosecutor stage at the Public Prosecution Service, with extensions if needed. Even if they are released without detention, the investigation continues and they may be banned from leaving Korea.

Once a sentence becomes final, immigration issues follow. A person released after being sentenced to imprisonment without labor or a heavier sentence can become subject to deportation, and prison wardens must notify the immigration office of foreigners whose release has been decided. That is why preparing for immigration issues must begin at the criminal trial stage.

Jisan Law visits the arrested person to hear their circumstances, and checks that consular notification and interpretation were properly provided. We attend the pre-detention hearing to explain, with evidence of housing and ties to Korea, that detention is not necessary, and we also sit in on questioning during detention. We can consult with the family in English.

The time right after the arrest is the most urgent. If a lawyer visit is needed, message us first through the chat on this page.