Can You Have a Lawyer Present During a Police Interview in Korea?

If you have been contacted by the Korean police and asked to attend an interview, you may be wondering:

“Can I have a lawyer with me during the police interview?”

The answer is yes, in principle.

Under the Korean Criminal Procedure Act, a suspect has the right to have a defense attorney participate in an interrogation, subject to certain exceptions. For foreigners in Korea, having a lawyer present can be particularly important because the Korean criminal investigation process may be unfamiliar, and language or cultural differences can make communication more difficult.

More importantly, a lawyer's role does not begin and end with simply sitting next to you during the interview. A lawyer can help you prepare before the interview, monitor the questioning, review the investigation record, and submit legal arguments to the police when appropriate.

1. Can a Lawyer Actually Sit in on the Police Interview?

Yes.

Article 243-2 of the Korean Criminal Procedure Act provides for the participation of a defense attorney in a suspect's interrogation, subject to certain circumstances.

This means that hiring a lawyer does not simply mean receiving legal advice before the interview. A defense attorney can actually participate in the police interrogation with you.

The purpose of the lawyer's participation is to protect the suspect's legal rights and ensure that the investigation is conducted fairly.

2. What Can a Lawyer Do During the Interview?

A lawyer does not normally answer questions on behalf of the suspect.

The suspect remains the person being interviewed, and the police will ask questions directly to the suspect.

However, a lawyer can monitor the interview and provide legal assistance when necessary.

For example, a lawyer may:

• Object to an unfair method of questioning

• Advise the suspect about exercising the right to remain silent

• Help prevent misunderstandings about the suspect's statements

• Raise concerns about inappropriate questions or procedures

• Make appropriate statements during the investigation

• Review the interrogation record and check whether the suspect's statements have been accurately recorded

A lawyer's role is therefore not to “take over” the interview, but to make sure that the suspect's rights are properly protected throughout the process.

3. Why Is Your Statement During the Investigation Still Important?

You may have heard that a police interrogation record cannot be used as evidence if the defendant denies its contents in court.

This is an important change under the amended Korean Criminal Procedure Act.

Under the current Article 312, a police-written interrogation record concerning a defendant is generally not admissible as evidence if the defendant or defense counsel denies its contents in court.

However, this does not mean that what you say during a police investigation is unimportant.

Your statements may influence how the police understand the facts, what additional evidence they investigate, whether they refer the case to the prosecution, and what conclusions they reach regarding the allegations.

The investigation-stage statement can therefore have significant practical consequences even if the admissibility of the police interrogation record at trial is subject to stricter requirements.

For this reason, you should not assume:

“It doesn't matter what I say now because the case has not gone to court yet.”

What you say during the investigation can affect the direction of the investigation itself.

4. What If You Are Asked to Attend as a Witness?

Not every person contacted by the police is a suspect.

You may initially be asked to attend an interview as a witness or other person with relevant information.

However, this does not necessarily mean that there is no legal risk.

Depending on the facts revealed during the investigation, the police may begin investigating you as a suspect.

For this reason, if you believe that your own conduct could potentially become an issue in the investigation, it may be advisable to obtain legal advice before attending, even if you have been contacted as a witness.

A lawyer can help you understand your position and determine whether legal representation or other protective measures are appropriate.

5. What If You Are Not Fluent in Korean?

This is especially important for foreign nationals.

If you are not comfortable communicating in Korean, you should make sure that you fully understand what you are being asked and what you are saying before answering questions.

A misunderstanding during a police interview can create unnecessary problems later, particularly when the investigation involves complicated facts, contracts, financial transactions, relationships, or electronic communications.

An interpreter can assist with language, but an interpreter and a lawyer serve different purposes.

An interpreter helps you communicate accurately.

A lawyer helps you understand the legal significance of the questions and answers and protects your legal rights during the investigation.

For foreign nationals facing criminal allegations in Korea, having both proper interpretation and legal assistance can therefore be important.

6. Should You Hire a Lawyer Before the First Police Interview?

In many cases, it is advisable to consult a lawyer before attending the first interview.

Before the interview, your lawyer can:

• Review the allegations and available evidence

• Identify the important factual and legal issues

• Explain your rights during the investigation

• Prepare you for likely questions

• Determine whether certain questions should be answered or whether you should exercise your right to remain silent

• Attend the police interview with you

This preparation can be particularly important when the allegations involve multiple events or complicated evidence.

You should not simply assume that the best strategy is either to answer every question or to refuse to answer everything. The appropriate approach depends on the specific circumstances of the case.

7. A Lawyer's Role Does Not End When the Interview Is Over

One of the most important points to understand is that legal representation during a criminal investigation is not limited to attending the police interview.

After reviewing the facts and evidence, a lawyer may submit a legal opinion letter (변호인의견서) to the police.

The opinion letter can explain, for example:

• Why the alleged conduct does not constitute a crime

• Why the evidence is insufficient

• The relevant facts and circumstances that may have been overlooked

• Why the suspect's conduct should be viewed differently under Korean law

• Why criminal prosecution is unnecessary or inappropriate

Depending on the circumstances of the case, a lawyer may seek to persuade the police to make a non-referral decision (불송치) or otherwise resolve the case without further criminal proceedings.

In more serious cases, legal representation may also involve responding to requests for detention warrants, communicating with the prosecution, or preparing for the possibility of formal prosecution.

Therefore, the purpose of hiring a criminal defense lawyer is not simply to have someone sit beside you for a few hours at the police station.

The goal is to develop and implement an appropriate defense strategy throughout the investigation.

8. What If the Police Have Already Contacted You?

Do not panic.

Being contacted by the police does not automatically mean that you will be convicted of a crime.

However, if you are being investigated as a suspect, you should take the situation seriously.

Before attending the interview, consider asking:

1. What crime am I being investigated for?

2. Am I being interviewed as a suspect or a witness?

3. What facts are the police investigating?

4. Can my lawyer attend the interview?

5. Do I need an interpreter?

6. What evidence does the police investigation appear to be based on?

7. Should I provide a statement immediately?

8. Would it be appropriate to submit a legal opinion or supporting evidence?

Foreign nationals should also consider whether a criminal investigation could have consequences beyond the criminal case itself, including potential immigration or visa issues.

9. You Do Not Have to Face the Korean Police Alone

Being investigated by the police in a foreign country can be stressful, particularly when you are unfamiliar with the Korean legal system or are not fluent in Korean.

However, you have the right to legal assistance.

A lawyer can participate in the police interview, help you understand the investigation, monitor the questioning, review the investigation records, and present legal arguments on your behalf.

If you have been contacted by the Korean police, it is often better to seek legal advice before the first interview rather than trying to address problems after your statement has already been given.

Contact for a Consultation

If you have been contacted by the Korean police, asked to attend a police interview, or are facing a criminal investigation in Korea, it is important to understand your legal rights and options before taking further action.

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