When a foreigner is asked to appear at the police

If you received a text or call asking you to appear, check the following before setting a date.

• Find out and write down which police station and which investigator is calling you, and for what case (offense).
• Tell the investigator in advance that you need an interpreter and in which language.
• Check your passport and residence card and note your status of stay, its expiry date and any planned departure.
• Do not delete messages, photos or money transfer records related to the case. Keep them as they are.
• If you want to go with a lawyer, get advice before setting the date to appear.

Your statement at the first questioning is kept in the statement record and becomes the basic material for later decisions.

• Being questioned without an interpreter because you can roughly understand Korean.
• Signing a statement record you do not understand.
• Filling in what you cannot remember with guesses.
• Going to see or contacting the victim directly to pressure them to settle. This can be mistaken for intimidation or destroying evidence.
• Ignoring the request to appear and cutting off contact. An arrest warrant may be requested.

When the police question a foreigner, they must provide interpretation in a language the person understands (Police Investigation Rules Article 91(1)). If the record was prepared through an interpreter, the police must note in the record that it was read to you through the interpreter and obtain the interpreter's signature.

When the questioning ends, ask the interpreter to read the record to you again from the beginning. If anything differs from what you said, ask for it to be corrected, and check that your request was noted in the record. If you are tired or do not understand, you can ask for a break.

When the police questioning ends, the police either refer the case to prosecutors (송치) or decide not to refer it (불송치). From October 2, 2026, the Prosecutors' Office is abolished, and the Public Prosecution Service (공소청) decides whether to indict. Prosecutors do not investigate directly. They decide based on the case files and request supplementary investigation if needed. This makes the statements and materials submitted at the police stage all the more important.

Minor cases often end with a fine set by a summary order (약식명령). If you receive a summary order, you can request a formal trial within 7 days. The outcome is reflected in reviews for extension of stay, change of status of stay, permanent residency and naturalization, so we aim for an outcome that avoids punishment, such as a suspended indictment, and prepare evidence of compensation to the victim and of your life in Korea.

You 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.

At Jisan Law, Managing Partner Hansol Kim advises you personally, and we practice the questioning in advance with likely questions. A lawyer goes into the questioning with you, checks that the interpreted questions and answers match, and objects on the spot to leading or improper questions. After the questioning, we submit defense counsel's written opinion and also prepare for how the outcome will affect your stay. Consultations are available in English.

If a date for questioning has been set, message us through the chat on this page before you appear.