Police Summons Checklist
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1Your situation
The items below change as you choose. What you check is saved only in this browser.
Capacity: Not sure · Until appointment: 2–7 days · Contacted: Call or text · Worried about arrest: No · Going with a lawyer: No / undecided · Asked to hand over phone: No
2Before you go
0 / 14If it was an unfamiliar number, call back on the police station's main number and check that the department and officer's name match. If someone asks you to send money, install an app, or give account details or passwords, it is not an investigative agency.
There are separate summons forms for suspects and for people who are not suspects. What you need to prepare depends on your capacity, so check this first.
Police Investigation Rules, Article 34
Keep the case number, department, investigator's name and contact details, and the date, time and place of the appointment in one place.
A summons should normally be made with a written summons that states the reason for appearing in detail, such as the gist of the alleged facts; a call or text is allowed only when urgent. If you were contacted over the phone, ask what you are suspected of and who filed the complaint.
Investigation Rules, Article 19(3)
What you say on a call can also be recorded in an investigation report. It is fine to say you will explain in detail when you appear and only agree on a date.
A summons must leave enough time so as not to disrupt your work, and if you ask for a postponement it must be adjusted unless there are special circumstances. Get the new date confirmed by text once more.
Investigation Rules, Article 19(1)(3) and (6)
For a simple check of facts, they are supposed to first consider ways of replacing an appearance, such as a statement by mail, email or phone. If it is very hard for you to go to the police station, for example because of medical treatment, you may be questioned outside the station.
Investigation Rules, Article 19(1)(1) and (5)
If a suspect does not respond to a summons without a justifiable reason, or is likely not to respond, an arrest warrant may be requested. If you cannot go, always contact them first and set a new date.
Criminal Procedure Act, Article 200-2(1)
If the suspect, their lawyer, legal representative, spouse, lineal relative or sibling asks, the police must let the lawyer take part in the questioning unless there is a justifiable reason not to.
Criminal Procedure Act, Article 243-2(1)
You may refuse to answer all questions or only some, and you will not be disadvantaged for doing so. But anything you say instead of refusing can be used as evidence of guilt in court. Depending on the case it may be better to explain, so decide in advance.
Criminal Procedure Act, Article 244-3(1)
Focus on dates and times, places, who was there and any money that changed hands. Mark separately the parts you do not remember clearly.
It is better to save the whole chat using the export function than screenshots of only the favorable parts. CCTV at shops or parking lots is overwritten after a while, so if needed, ask quickly for it to be kept.
It can look like an attempt to destroy evidence. For the same reason, avoid changing your phone or leaving chat rooms.
If you are asked to hand it over without a warrant, it is a request for voluntary submission, and you may decide whether to do so. However, items you hand over voluntarily can be seized without a warrant, so if you do hand it over, make sure the documents clearly state which period and which data you are submitting, and talk to a lawyer first.
Criminal Procedure Act, Article 218
3On the day of questioning
0 / 11Bring your ID, the written summons or the text you received, your notes arranged by date, and copies of any materials you will submit. Keep the originals yourself.
The police must record in the interrogation record or a separate document the time you arrived and the times questioning started and ended. Later, compare these with your own notes.
Criminal Procedure Act, Article 244-4; Investigation Rules, Article 26
You must be told these rights before questioning, and the question asking whether you will use them, together with your answer, is written in the record. Check that your answer was written down as you gave it.
Criminal Procedure Act, Article 244-3
Even if you were called as a witness, you may become a suspect if suspicion arises during questioning and an investigation begins. At that point you must be told of your right to remain silent and right to a lawyer, and you may pause to say you want to consult a lawyer.
If the suspect or their lawyer asks, the police must record the suspect's statement, whatever the session is called (questioning, interview, etc.). When the recording ends, the original is sealed, and you may listen to it if you ask.
Criminal Procedure Act, Article 244-6
In these situations, you may ask for a person in a relationship of trust with you, such as a family member, to sit in on the questioning.
Criminal Procedure Act, Article 244-5
As a rule, there is no questioning between 9 p.m. and 6 a.m. Total questioning time, including waiting, breaks and meals, must not exceed 12 hours, actual questioning time must not exceed 8 hours, and if it runs long you must be given a break of at least 10 minutes every 2 hours. If you are struggling, ask for a break.
Investigation Rules, Articles 21 to 23
Separate what you saw yourself, what you heard from others and what you are guessing. Do not fill in dates or amounts with guesses.
Before finishing the questioning, the police must ask whether you wish to submit materials or opinions, and anything you submit is added to the investigation file.
Investigation Rules, Article 25
You sign the record after reading it or having it read to you. If something was not written as you said it or is not true, you may ask for it to be added to, deleted or changed, and the police must add this to the record. Pay special attention to dates, amounts, names, and expressions such as 'I knew'.
Criminal Procedure Act, Article 244(2)
Reading a record that has already been prepared can continue until midnight, and time spent reading the record at your written request is an exception to the 12-hour limit on total questioning time. Sign only after checking that your corrections have been made.
Investigation Rules, Article 21(1) proviso and Article 22(1)(1)
4After questioning
0 / 4Write them down while your memory is fresh. Mark separately any questions you could not answer or answered vaguely.
In a case under investigation, you may ask to read and copy the parts containing your own statement and the documents you submitted. The head of the police office must decide whether to disclose them within 10 days of receiving the request, and if you ask for your own record on the day of questioning, it must be reviewed without delay.
Investigation Rules, Article 69(1); Police Investigation Rules, Article 87
Submit what you could not fully explain during questioning, or materials you found later, together with a written opinion. In complaint and accusation cases, the police must decide whether to refer the case within 3 months of accepting it, so prepare in good time.
Criminal Procedure Act, Article 238
When the police decide to refer or not refer the case, they must notify the complainant and others and the suspect, within 7 days of referring the case or sending the records. It shows the case number and where the case went, so do not delete it.
Investigation Rules, Article 53(1); Police Investigation Rules, Article 97(1)
Frequently asked questions
- Can I postpone the date of a police summons?
- If you ask to postpone the appointment, the rules say it should be adjusted unless there are special circumstances (Investigation Rules, Article 19). Contact the investigator before the date, give your reason and possible dates, and get the new date confirmed by text. If a suspect does not appear without a justifiable reason, an arrest warrant may be requested.
- Can a lawyer come with me to police questioning?
- If the suspect, their lawyer, spouse, lineal relative, sibling or the like asks, the police must let the lawyer take part in the questioning unless there is a justifiable reason not to (Criminal Procedure Act, Article 243-2(1)). A lawyer may also sit next to witnesses and victims, give advice and take notes (Investigation Rules, Article 13(3)). For the lawyer to take part, a letter of appointment and a request to participate must be submitted before the questioning.
- I was summoned as a witness. Do I have to go?
- A person who is not a suspect may decide for themselves whether to appear and make a statement. However, if a person clearly recognized as knowing facts essential to the investigation refuses, the prosecutor may ask a judge to examine them as a witness before the first trial date (Criminal Procedure Act, Article 221-2), and if suspicion arises during questioning, a witness can become a suspect.
- Will I be disadvantaged if I remain silent during police questioning?
- You may refuse to answer all questions or only some, and you will not be disadvantaged for doing so (Criminal Procedure Act, Article 244-3). But anything you say instead of refusing can be used as evidence of guilt in court, so decide in advance how much you will say.
This is a reference list of general procedures and rights. It is based on the Criminal Procedure Act, the Regulation on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigation Rules (Investigation Rules), and the Police Investigation Rules in force from October 2, 2026; questioning by other investigative agencies, such as the Serious Crimes Investigation Agency (중대범죄수사청), may follow different rules. Every case is different, so talk to a lawyer before you are questioned.
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