Criminal Defense for Foreigners in Korea

When a Korean police station contacts you, two questions usually arrive before any others. What does this mean for my status here — and will I actually understand what is happening to me?

Those are the right questions. The honest answer is that for the same charge, the range of possible outcomes is wide. What narrows it is where your case is right now, and what you do at that stage.

Below is how a Korean criminal case moves, stage by stage, and what can still be done at each one. Find where you are first.

Is this you?

If any of these apply, this page is for you.

You received a call or a written summons asking you to attend a police station
You are facing questioning over drunk driving or refusing a breath test
There was a fight, and both sides ended up reported
Someone has filed a fraud complaint against you
A family member or a colleague has been arrested or is being questioned
Your case has been sent from the police to the prosecutor
You have been indicted and have a trial date
You received a summary order and are deciding whether to ask for a full trial

How the process works

Find where your case is now.

Before the police interview
You have been asked to attend, but have not been questioned yet.
What you can do at this stage — Organise the facts and decide how you will account for them. This is the stage where the most options are still open.
The police interview
You are questioned as a suspect. What you say is written down and follows the case to the end.
What you can do at this stage — Have counsel present, settle the facts before you speak, and read the written record before you sign it — you can ask for corrections. The questions themselves often reveal what the other side has claimed.
Before the police decide whether to send the case on
The police decide whether to refer the case to the prosecutor or close it themselves.
What you can do at this stage — Submit favourable evidence and written statements while the decision is still open. This is the last point for active input before it moves up.
Before the prosecutor's decision
The prosecutor decides whether to charge you, drop the case, or seek a summary order. Prosecutors sometimes question you directly at this stage.
What you can do at this stage — Submit material relevant to sentencing, pursue restitution or settlement with the complainant where that fits, and file written arguments.
Trial
If you are charged, the court decides guilt and sentence.
What you can do at this stage — Contest the evidence, question witnesses, argue the case, and submit further material — including any settlement reached.

The further the case goes, the fewer options remain. Knowing your current stage is step one.

What We Will Tell You Honestly

Whether the early stage of your case — the police interview, your first written statement — is the stage that decides it. (It usually is.)
What a realistic outcome looks like for your charge, based on how Korean courts and prosecutors actually handle similar cases.
When cooperating, settling with the complainant, or fighting the charge each makes sense — and what each path costs.
How a criminal outcome can affect your stay in Korea — and why that needs to be part of the defense strategy, not an afterthought.

Frequently Asked Questions

Can I leave Korea while the investigation is ongoing?

It depends on the case. In some investigations a departure restriction can be imposed, and leaving while one is in place causes serious problems. Before you book a flight, tell us the stage you are at — this is something to check, not assume.

Will the police interview be in Korean — do I get an interpreter?

The interview is conducted in Korean, and interpretation is arranged where the person being questioned needs it. The practical risk is not whether words are interpreted but whether the written record ends up saying what you meant. You are entitled to read it before signing and to ask for corrections.

How does a criminal outcome affect my visa or my residency?

It can matter, and how much depends on the offence, the outcome, and your status. We do not treat that as a separate problem to deal with afterwards — where it is relevant, it belongs in the defense strategy from the start. What we can tell you at a consultation is which outcomes carry that risk in your situation.

Do I have to answer every question?

You are not obliged to answer questions in a way that incriminates you. In practice the harder judgement is which answers help you and which create a record you cannot walk back. That is worth working out before the interview, not during it.

Can I handle a minor case without a lawyer?

Sometimes, yes. If the facts are simple and nothing is really in dispute, you may not need representation. We will tell you at the consultation whether yours is that kind of case.

Will my employer or my family find out?

Notification rules differ depending on your status — including for SOFA personnel. This is one of the first things we clarify at a consultation, along with what, if anything, you can do about it.

Can I just get a consultation and decide later?

Yes. You are not committing to anything by booking one. Plenty of people book an assessment, find out where they stand, and decide to do nothing — sometimes with our agreement. Knowing your position first is the point.

Fees for this area

We tell you the cost from the start.

Retainer ₩4,000,000 – ₩12,000,000

Figures shown are exclusive of VAT.

It depends on the stage the case has reached and how complex the facts are. The exact figure is quoted after we review your case, and it does not grow while the case is running.

Attorney Chulho Choi is registered with the Korean Bar Association as a specialist in criminal law and civil law.

See full fee information

Guides in this area

Discuss Your Case

Consultation with the Attorney

60 minutes · ₩150,000 (approx. US$110), VAT included

If the consultation ends within 30 minutes, you pay only ₩100,000 (approx. US$70).

We review the facts and your documents, then tell you the legal issues and how we would approach them. The same fee whichever language you speak, Korean or English — conducted by the attorney who would actually handle your case, not by staff, and not through an interpreter.

The same fees are published on our Korean-language site.

Request a Consultation 031-658-6100

Criminal Defense

Is this you?

How the process works

Before the police interview

The police interview

Before the police decide whether to send the case on

Before the prosecutor's decision

Trial