How to Respond to a Korean Police Summons

If you receive a police summons in Korea, it is common for the Korean police officer to contact you directly by phone. When this happens make sure to confirm the police officer’s name, department, and the charges under investigation. The formal Korean summons will detail the reason for the request, the date of appearance, place of appearance, and the Korean police officer in charge. Review these details carefully and immediately contact a Korean criminal defense attorney. If you are being investigated as a suspect and even sometimes as a witness, it is essential to consult with a lawyer in Korea prior to giving any statements to a Korean police officer or an investigator.

For an article on Pretrial Detention in Korea please see: Korean Pretrial Detention and Detention of Criminal Suspects in Korea. These articles are useful in understanding the powers of the Korean Police and Korean Prosecution during the investigative stage of criminal prosecution. We suggest, also, taking a look at our Korean Criminal Law archive at: Korean Criminal Law Archive.

Can the Police in Korea Summons you without a Warrant?

You may wonder if you are required to comply with a Korean police summons without an arrest or detention warrant from the court. A police summons in Korea is considered part of a “voluntary investigation,” meaning it is conducted with the suspect’s consent. While you are not legally obligated to comply, repeatedly ignoring a summons can lead to the issuance of an arrest warrant or other compulsory legal measures. Therefore, it is generally advisable to attend the summons and cooperate with the investigation, however, this is a decision you should decide with your Korean defense lawyer.

Can you Reschedule a Korean Police Summons?

There may be valid reasons to request a rescheduling of your appearance, such as personal conflicts, the need to hire a lawyer, or efforts to negotiate a settlement with the complainant. Many first-time recipients of a police summon feel unprepared due to a lack of familiarity with criminal procedures. However, given that your statement may later be used as evidence, it is crucial to be well-prepared before appearing. Since police summonses are part of a “voluntary investigation,” the Korean police are generally flexible with rescheduling unless delays become excessive. Request your lawyer to assist with rescheduling the police summons.

Should you Hire a Lawyer in Korea before the Police Investigation?

The Korean “Suspect Interrogation Report” produced during the Korean police investigation can be used, in many cases, as evidence in court in Korea. If it contains admissions of incorrect facts or is otherwise unfavorable, it is difficult to reverse. A lawyer can assist in the investigation, help with settlement negotiations, and provide a strong defense in a Korean court by submitting evidence and documentation on your behalf. Keep in mind that waiting to seek legal assistance until after the investigation has progressed can lead to more difficulties in resolving the matter without jail time, a large fine and/or deportation.

by Jiwon MIN

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