Arrested in Korea: What to Do — A Practical Guide for Foreigners

Your Basic Rights After Arrest

Under Article 30 of the Criminal Procedure Act (형사소송법), a suspect (pieuija, 피의자) has the right to select and appoint defense counsel. Article 34 further guarantees that defense counsel — or a person seeking to become defense counsel — has the right to meet and communicate with a detained suspect, exchange documents, and arrange a medical examination.

You also have the right to remain silent. You are not obligated to answer questions from police or prosecutors, and anything you say can be used against you later. If you do not speak Korean, you are entitled to an interpreter during questioning.

Foreign nationals additionally have the right to request that their embassy or consulate be notified of the arrest, consistent with international consular practice. Ask the police clearly and repeatedly for this notification if it is not offered.

How Long Can Police Hold You?

Under Article 202 of the Criminal Procedure Act, if a judicial police officer (sabeop gyeongchalgwan, 사법경찰관) detains a suspect, they must hand the suspect over to a prosecutor within 10 days or release them. Under Article 203, once a prosecutor receives or detains a suspect, the prosecutor must file charges (gongso, 공소) within another 10 days or release the suspect. In practice this means pre-indictment detention can extend to roughly 20 days, though extensions are possible in certain cases with court approval.

If you believe an arrest or detention is unlawful or unnecessary, Article 214-2 of the Criminal Procedure Act allows the detained suspect, their lawyer, or close family members to petition the court for a review of the legality of the arrest/detention (guso jeokbu simsa, 구속적부심사). The court must generally hold a hearing within 48 hours of receiving the petition.

What Happens During Police and Prosecutor Questioning

Under Article 200, police or prosecutors may request that a suspect appear for questioning. You will typically be asked to give a statement, which is recorded in an official document (piuija sinmun josoeo, 피의자신문조서). Read any statement carefully — with an interpreter present — before signing, because the signed record becomes evidence.

You are allowed to have your lawyer present during questioning. If you cannot afford one, a court-appointed defense counsel may be available in certain circumstances, particularly once formal detention proceedings begin.

Special Considerations for U.S. Military and SOFA-Status Personnel

If you are a U.S. servicemember, civilian employee, or dependent covered by the Status of Forces Agreement (SOFA), separate notification and jurisdictional procedures may apply in addition to ordinary criminal procedure. These cases often involve coordination between Korean authorities and the U.S. military, and the details can significantly affect how the case unfolds. Early legal advice familiar with both systems is important.

Step by step

1. 1Stay calm and do not resistPhysical resistance or attempting to leave can lead to additional charges such as obstruction. Comply with lawful instructions while asserting your rights verbally.
2. 2Ask for a lawyer immediatelyState clearly, in English if needed, that you want to exercise your right to counsel under Article 30 of the Criminal Procedure Act. Do not answer substantive questions until you have spoken with a lawyer.
3. 3Request embassy/consular notificationAsk police to notify your country's embassy or consulate of your arrest. Keep the contact information of any consular officer who reaches out.
4. 4Avoid signing documents you don't understandRequest a qualified interpreter and ask for time to review any statement or document, especially the police interrogation record, before signing.
5. 5Contact family and arrange representation quicklyTime limits for detention move fast (often 10 days at a time). Having a lawyer engaged early can affect decisions on detention, bail-like release, or the appropriateness of a legality review (guso jeokbu simsa).

Frequently asked questions