Police Summons in Korea for Foreigners: What to Do If You Are Called In for Questioning

What Does a Police Summons Actually Mean?

Under Article 200 of the Criminal Procedure Act (형사소송법 제200조), a prosecutor or judicial police officer may request that a suspect (피의자) appear and give a statement when necessary for an investigation. This is often called an 'attendance request' (chulseok yogu, 출석요구). If you are contacted as a witness or reference party (참고인) rather than a suspect, a similar request may be made, but your legal position is different — witnesses are not entitled to the same protections as suspects, though they generally cannot be compelled to appear without a court order in most circumstances.

It is important to find out early which category you fall into. The summons itself, or the officer who calls you, should indicate whether you are being investigated as a suspect in a criminal case or simply asked to provide information about someone else's case. If this is unclear, you (or your attorney) can and should ask directly.

Your Rights During Police Questioning

If you are questioned as a suspect, Article 244-3 of the Criminal Procedure Act (형사소송법 제244조의3) requires police or prosecutors to inform you, before questioning begins, that: (1) you may refuse to answer some or all questions; (2) refusing to answer will not be held against you; (3) anything you do say can be used as evidence against you in court; and (4) you may have a defense attorney present during questioning. Officers must ask whether you wish to exercise these rights and record your answer.

Article 30 of the Criminal Procedure Act (형사소송법 제30조) confirms that a suspect may retain defense counsel at any stage, including during the initial police interview — you do not need to wait until formal charges are filed.

Your statement will typically be recorded in a written protocol (피의자신문조서) under Article 244, and you have the right to review it, request corrections, and note any objections before signing (형사소송법 제244조 제2항, 제3항). Interrogations may also be video recorded under Article 244-2 (형사소송법 제244조의2), and if this occurs, you or your lawyer can request to review the recording.

For non-Korean speakers, an interpreter should be arranged for the interview. If no interpreter is provided and you do not fully understand the questions or your rights, you should say so clearly and ask that the interview be paused until proper interpretation is available.

Voluntary vs. Compulsory Appearance — and the Exit Ban Risk

Many police summonses are technically 'voluntary' (임의출석) — meaning you are asked, not legally forced, to come in. However, repeatedly ignoring a summons can lead investigators to seek an arrest warrant or other compulsory measures, so voluntary in practice does not mean optional to disregard.

For foreign nationals specifically, there is an additional concern: under Article 4 and Article 29 of the Immigration Act (출입국관리법 제4조, 제29조), the Ministry of Justice may impose an exit ban (chulguk geumji/chulguk jeongji, 출국금지/출국정지) on a person who is a party to a pending criminal case or under investigation, restricting departure from Korea for a defined period. This can be imposed even before formal charges are filed, particularly if authorities believe departure would hinder the investigation. If you are concerned about upcoming travel, this should be raised with an attorney as early as possible, ideally before responding to the summons.

Should You Go Alone, or Bring a Lawyer?

There is no rule against attending a police interview without a lawyer, and many witness interviews are straightforward. However, if you have any reason to believe you are a suspect — rather than purely a witness — or if the matter involves potential criminal liability (including drug-related offenses, traffic accidents, assault, fraud, or immigration violations), it is advisable to consult a Korean-licensed attorney before you attend, and ideally to have counsel present during the interview itself, as permitted under Article 30 of the Criminal Procedure Act.

Foreign nationals, including U.S. military-affiliated individuals, sometimes face added complexity because of SOFA-related jurisdictional questions or unfamiliarity with Korean criminal procedure. Getting informed advice before your first police interview, rather than after, generally leads to better-prepared, more consistent statements.

Step by step

1. 1Identify your statusConfirm whether you are being summoned as a witness (참고인) or a suspect (피의자). Ask the investigating officer directly, or have an attorney make this inquiry on your behalf before you commit to a date.
2. 2Do not ignore the summons, but do not rush to respond eitherRepeated non-response can escalate matters, including possible warrants or exit bans. At the same time, you are generally allowed reasonable time to arrange interpretation and legal advice before attending.
3. 3Consult an attorney before the interview if there is any risk you are a suspectThis is especially important in cases involving potential criminal charges, drug allegations, or where you are unsure of the underlying accusation.
4. 4Request an interpreter and confirm your rights are read to youUnder Article 244-3 of the Criminal Procedure Act, you must be informed of your right to silence and to counsel before questioning as a suspect. If interpretation is inadequate, say so and ask for the interview to pause.
5. 5Review the written statement carefully before signingYou are entitled to read or have read to you the full interrogation record, request corrections, and note objections before signing, per Article 244 of the Criminal Procedure Act.

Frequently asked questions