Arrested or Questioned by Korean Police? Your Rights as a Foreigner
"I got a text from a police station in Seoul asking me to come in for questioning next week. My Korean is basic. I don't even know if I'm a suspect or a witness. Do I have to go? Can I bring someone? Will this affect my visa?"
Being contacted by the police in a country where you do not fully speak the language is frightening. Many foreigners assume they have fewer rights than Korean citizens, or that being cooperative means answering every question right away.
The short answer: as a foreigner questioned by Korean police, you have the same core rights as a Korean citizen. You can remain silent, you can have a lawyer sitting next to you during questioning, statements by people who do not understand Korean must be interpreted, and you can read and correct the written record before you sign it. If you are arrested, prosecutors must seek a detention warrant within 48 hours or you must be released. But a criminal case can also lead to a ban on leaving Korea and can affect your visa, so what you say in that first interview matters more than you might think.
This guide walks you through what to do before questioning, your rights in the interview room, what happens if you are arrested, and how a criminal case can affect your stay in Korea.
By Attorney Daseul Lee · Korean Bar Association–certified specialist in divorce and criminal law
Who this is for
Foreigners in Korea who have received a police summons by text or phone · Foreigners who have been arrested, or whose family member or friend has been arrested · Foreign residents worried about how a criminal case will affect their visa or travel
At a glance: your rights with Korean police
Question | Short answer | Legal basis |
|---|---|---|
Do I have to answer questions? | No. You can refuse to answer some or all questions, and the police must tell you this before questioning. | Constitution, Article 12(2); Criminal Procedure Act, Article 244-3 |
Can my lawyer be in the room? | Yes. Police must allow your lawyer to attend unless there is a justifiable reason not to. | Criminal Procedure Act, Article 243-2 |
What if I don't speak Korean? | Statements by people who do not understand Korean must be interpreted. | Criminal Procedure Act, Article 180 |
How long can I be held after arrest? | A detention warrant must be requested within 48 hours of arrest, or you must be released. | Criminal Procedure Act, Articles 200-2(5), 200-4(1) |
Can I leave Korea during the investigation? | Not always. A foreigner under investigation can be stopped from leaving Korea. | Immigration Act, Articles 4 and 29 |
Can this affect my visa? | Yes. A sentence of imprisonment or heavier is a ground for deportation, and other criminal records can be reviewed when you extend or change your visa. | Immigration Act, Article 46(1) |
I got a police summons. Do I have to go?
A summons by text or phone is a request to appear, not an arrest. You can ask what the case is about, whether you are being treated as a suspect or a witness, and you can ask to change the date so you have time to prepare and find a lawyer.
What you should not do is simply ignore it. If a suspect repeatedly fails to appear without a good reason, the police can ask the court for an arrest warrant (Criminal Procedure Act, Article 200-2(1)). Call back, write down the investigator's name, the police station, the department, and the allegation, and then talk to a lawyer before you go.
Before the interview, avoid contacting the other person in the case to "sort things out." Messages sent in a panic, or an apology that sounds like a confession, are often the first pieces of evidence the police see.
Do I have to answer every question?
No. You have the right to remain silent, and you can refuse to answer some questions while answering others. Before questioning a suspect, the police must tell you that you have this right, that staying silent will not be used against you, and that you can have a lawyer's help (Criminal Procedure Act, Article 244-3).
Remaining silent is not the same as being uncooperative, and it is not always the best strategy either. The point is that you should decide what to say before you walk in, not in the moment, under pressure, in a second language. A short, accurate statement is often better than a long one full of guesses about dates and details.
Can I have a lawyer with me during questioning?
Yes. If you, your lawyer, or your family asks, the police must let your lawyer attend the interview unless there is a justifiable reason not to (Criminal Procedure Act, Article 243-2). Your lawyer sits beside you, can object to unfair questioning, and can state an opinion. You can also ask to pause and speak with your lawyer.
For foreigners, having a lawyer in the room has an extra benefit: the lawyer can tell when a question or answer has been interpreted in a way that changes its meaning, and can ask for it to be corrected on the spot.
What if I don't speak Korean well?
Korean law requires that statements by people who do not understand Korean be interpreted (Criminal Procedure Act, Article 180). Ask for an interpreter in your own language, even if your everyday Korean is good.
Legal Korean is different from everyday Korean. Words like 고의 (intent), 합의 (settlement), or 인정 (admission) carry legal weight, and a "yes" that only meant "I understand the question" can end up recorded as an admission. If you notice that the interpretation is unclear, say so and ask for the question to be repeated. Do not guess.
Should I sign the police statement?
Only after you have read it, or had it read to you in a language you understand, and only if it accurately records what you said. You can ask for corrections, additions, or deletions before signing, and the record must reflect your objections (Criminal Procedure Act, Article 244).
This record, called a 피의자신문조서, can later be used in court. Small errors, such as a wrong time, a word like "pushed" instead of "moved away," or an answer recorded without its context, can matter a great deal. Take your time with it. You are allowed to.
Why can one word in the police record decide my case?
Because the record is not a transcript of everything you said. It is the investigator's written summary, and a single word in it can decide whether you are charged, what you are charged with, and how the court sees you. That is why having a criminal defense lawyer sit in on your questioning matters, and it matters even more if you are a foreigner.
Consider how small the difference can be:
"I hit him" vs. "I raised my arm to block him": the first sounds like assault; the second points toward defending yourself.
"I did it on purpose" vs. "it happened when I turned around": intent is often what separates a crime from an accident.
"I knew she had been drinking" vs. "we had both been drinking, and she was talking normally": in sexual offense cases, how much you knew about the other person's condition can change the entire case.
Once you sign, that wording becomes evidence. Saying later in court, "that is not what I meant," is much harder than getting the word right in the room.
For foreigners, the risk is doubled. The investigator's question is interpreted to you, your answer is interpreted back, and then the investigator types a Korean summary of it. That is three steps where meaning can shift, and the interpreter is there to translate, not to protect you. A criminal defense lawyer sitting beside you can:
go over the key facts and the words that matter with you before the interview;
notice when a question or answer has changed in interpretation, and ask for it to be repeated or corrected on the spot;
check the record line by line before you sign, and make sure your corrections and objections are written in.
How Morgan Law Office helps
Attorney Daseul Lee is certified by the Korean Bar Association as a specialist in criminal law and handles your case personally from the first consultation, in English. After the consultation, you receive a written report outlining the key issues, expected timeline, and estimated costs. If you have a questioning date coming up, we start by deciding what you should and should not say, and whether the date should be moved so we can attend with you.
How we work → · Call +82-2-735-3300 · Book on Naver
What happens if I am arrested?
After an arrest, prosecutors must ask a judge for a detention warrant within 48 hours. If they do not, or if the judge refuses, you must be released immediately (Criminal Procedure Act, Articles 200-2(5) and 200-4(1)). If a warrant is requested, a judge usually holds a hearing to decide whether to detain you, and having a lawyer at that hearing matters.
Family notice: if you do not have a lawyer, the police must notify a person you designate, such as a family member, in writing and without delay, of the arrest, the allegation, and where you are held (Criminal Procedure Act, Articles 87 and 200-6).
Your consulate: under the Vienna Convention on Consular Relations, to which Korea is a party, you can ask that your country's consulate be told of your arrest and you can communicate with consular officers.
Your lawyer: you can ask to see a lawyer at any time. A family member or friend can also contact a lawyer for you.
The first 48 hours are when the decision to keep someone detained is made. Calling a lawyer as early as possible, rather than waiting to see whether a warrant is requested, gives the lawyer time to prepare for the detention hearing.
Can I leave Korea while I'm under investigation?
Not always. The Minister of Justice can stop a foreigner who is under criminal investigation from leaving Korea (Immigration Act, Article 29, applying the grounds in Article 4). Many people only find out at the airport.
If you have travel planned, a job abroad, or a visa expiring soon, tell your lawyer at the start. An exit ban can be challenged, and sometimes an early, cooperative approach to the investigation makes the difference between a ban and no ban.
Will a criminal case affect my visa?
It can. A foreigner who is sentenced to imprisonment or a heavier penalty and released is a ground for deportation under the Immigration Act (Article 46(1)), and even a fine can be reviewed when you extend, change, or apply for a new visa.
This is why the goal in a criminal case is often not just "avoid prison," but to reach an outcome that protects your stay in Korea, such as a decision not to prosecute or a resolution that the immigration office will view less seriously. That strategy has to start before your first statement to the police, not after the sentence.
If the case started in the middle of a divorce or a dispute with your Korean spouse, the criminal case and the family case affect each other. Our guide to divorce in Korea as a foreigner and guide to child custody when one parent is a foreigner explain the family side.
What we often see in consultations
A common situation is a foreigner who went to a "quick chat" at the police station alone, answered in Korean to be polite, and signed a statement they could not fully read. Later, they find that a casual "yes, I did push him a little" has become the core of the case. Fixing a statement after it is signed is much harder than getting it right the first time.
Another is a person who planned a trip home for the holidays and was stopped at the airport because of an investigation they thought was minor. In both cases, a consultation before the first interview would have changed how things unfolded. Every case has different facts and applicable law, so results can differ even in similar situations.
What to prepare before your consultation
The summons details: the text message or call log, the police station, department, and investigator's name
What happened, in order: a short timeline written in your own language
Messages and evidence: chats with the other person, photos, CCTV locations you know of, names of witnesses
Your visa details: alien registration card, status of stay, and expiry date
Travel plans: any planned trips abroad, flight bookings, or job commitments outside Korea
Any documents you have already signed or received from the police or prosecutors
Frequently asked questions
Q. Do foreigners have the right to remain silent in Korea?
Yes. Anyone questioned as a suspect in Korea, regardless of nationality, can refuse to answer some or all questions. The police must tell you about this right before questioning.
Q. Can I bring a lawyer to a Korean police interview?
Yes. Your lawyer can sit beside you during questioning, and the police can refuse only for a justifiable reason. You can also ask to move the interview date so your lawyer can attend.
Q. Why should a lawyer attend police questioning with me as a foreigner?
Because a single word in the police record can decide whether you are charged and with what. As a foreigner, your words pass through an interpreter and an investigator's summary before they are written down, and a lawyer beside you can catch changes in meaning and correct the record before you sign.
Q. Will the police provide an interpreter?
Statements by people who do not understand Korean must be interpreted. Ask for an interpreter in your language, and if the interpretation is unclear, say so and ask for the question to be repeated.
Q. How long can Korean police hold me after an arrest?
A detention warrant must be requested within 48 hours of the arrest. If it is not requested or not granted, you must be released.
Q. Can I be banned from leaving Korea?
Yes. A foreigner under criminal investigation can be stopped from leaving Korea under the Immigration Act. If you have travel plans, tell your lawyer early.
Q. Will I be deported if I am charged with a crime?
Not automatically. A sentence of imprisonment or heavier is a ground for deportation, and lesser penalties can still be reviewed when you renew or change your visa. The outcome of the criminal case is what matters most.
Choosing a criminal defense lawyer in Korea: questions to ask at your consultation
Criminal cases move on the investigators' schedule. A questioning date can be days away, and after an arrest the key decisions happen within 48 hours. As a foreigner, you also need to be sure that what you say is understood exactly as you mean it. Here is how Morgan Law Office answers.
Question to ask | What Morgan Law Office does |
|---|---|
Will the lawyer I consult with handle my case all the way through? | Attorney Daseul Lee handles everything personally, from the consultation and written submissions to court appearances. |
Can I get the estimated costs in writing? | Estimated costs are set out in your consultation report, and we do not charge anything that is not in the engagement agreement. |
Will you tell me the weak points of my case honestly? | Your consultation report lists both the strengths and the weaknesses of your case. |
Can I consult in English? | Yes. Consultations are available in English. |
Will I be able to reach you when I have questions? | We aim to answer inquiries made during business hours on the same day. |
You can read more about how a case actually proceeds in How your case proceeds at Morgan Law Office (in Korean).
Contacted by Korean police? Talk to a lawyer before you talk to them
A police summons does not mean you will be punished. But the first statement you give often shapes everything that follows, including whether you can stay in Korea. Getting advice before that first interview, and having a lawyer beside you when you give it, is the single most useful thing you can do.
Attorney Daseul Lee of Morgan Law Office is certified by the Korean Bar Association as a specialist in criminal law and divorce law. She handles cases personally from the first consultation, and consultations are available in English.