Korean police case: do I get an interpreter, my consul, a lawyer?

Yes to the interpreter, in principle yes to the consul, and a lawyer depends on the stage. In court, Korean law is strict: the statement of anyone who does not understand Korean must be interpreted, and writing in a foreign language must be translated. At the police stage, investigators may bring in an interpreter, and with a foreign suspect they normally do, but you should ask out loud before you answer anything. Your consulate can be told about an arrest under an international treaty, and you decide whether you want that. A lawyer can join you from the first interview if you hire one; the state appoints one for you only at certain points, which are listed below.

What must I be told when I am arrested or questioned?

At the moment of arrest, the officer must tell you the gist of the suspected crime, the reason for the arrest, and that you may hire a lawyer, and must let you explain yourself. Before questioning begins, you must be told four things:

1. You may stay silent, completely or on any single question. 2. Staying silent will not be held against you. 3. Anything you do say can be used as evidence of guilt in court. 4. You may have a lawyer present and get a lawyer's help during questioning.

The officer must then ask whether you will use these rights, and your answer is written into the record. If this was said in Korean and you did not follow it, the warning did not reach you. Say so before the first question. A sentence you can show or say: 통역사가 필요합니다 (tongyeoksa-ga piryohamnida), "I need an interpreter."

Who interprets, and what if the interpretation is poor?

Police usually call an interpreter from a list they keep; in court the interpreter is appointed by the court. Problems that come up again and again:

• The wrong language. An Uzbek speaker given a Russian interpreter, or a Nepali speaker given English, may manage small talk but not the details that decide a case. Ask for your first language and say plainly when you understand only partly.
• A connection to the other side. If the interpreter knows the complainant, works for your employer or comes from your own community and you do not trust them, tell the officer or your lawyer. In court, an interpreter can be challenged for bias, much as a judge can.
• Summaries instead of interpretation. Long answers coming back as one short Korean sentence is a warning sign. Ask that each answer be interpreted in full, and have your lawyer note it.
• Documents. Chat messages, contracts or letters in your language that you want considered should be handed in together with the key passages rendered into Korean.

Should I sign the record of my statement?

Only after you know what it says. The law requires the record to be read to you or shown to you, and you may ask for anything wrongly recorded to be added, deleted or changed. Your objection must stay readable in the record. You then confirm in your own handwriting that you have nothing to add, and sign or stamp each page. With a language barrier:

• ask the interpreter to read the whole record back to you in your language, not to summarise it;
• correct numbers, dates, names and amounts, which are where mistakes hide;
• if something is still wrong, refuse to confirm that part and say why; the refusal is noted;
• note the time you arrived and the times questioning started and ended, which investigators must also record.

Can someone I trust sit with me?

The law allows investigators to let a person in a relationship of trust sit beside you during questioning, either on their own initiative or at your request. Nationality is one of the circumstances named, for the purpose of calming you and helping communication. Typical examples are a family member or a staff member of a support centre. That person is there for support; they are not your interpreter and should not answer for you. Separately, if you, your spouse or close family ask, investigators must let your lawyer meet you and attend the questioning unless there is a legitimate reason not to.

Will my consulate be told?

Korea is a party to the Vienna Convention on Consular Relations. Under it, when a foreign national is arrested or detained, the authorities should tell the person that the consulate can be informed, and inform it if the person asks. Some countries have bilateral agreements that make notice automatic. In practice, police ask you to choose. Things to know before choosing:

• The consul can visit you, help contact your family, give a list of lawyers who speak your language and watch how you are treated.
• The consul cannot get you released, cannot act as your lawyer and cannot change the outcome of a Korean case.
• If you fear your own government, for example because you have applied for refugee status, you can decline. Tell your lawyer the reason.

When does the state give me a lawyer?

Stage	Is a lawyer appointed if you have none?
Police questioning	No. You or your family may hire one.
Hearing on an arrest warrant (영장실질심사)	Yes, the judge appoints one, and the appointment lasts through the first trial unless the warrant is refused
Trial while you are detained	Yes, automatically
Trial for a crime with a minimum of 3 years' imprisonment	Yes, automatically
Trial when you cannot afford a lawyer	Yes, if you ask the court

A court-appointed lawyer (국선변호인) is a real lawyer with the same duties as a hired one, but rarely speaks your language, so meetings still need an interpreter. Your spouse, parents, children or siblings can also hire a lawyer for you on their own.

Who will be told that I am detained?

When a suspect is detained, the lawyer must be told in writing without delay. If you have no lawyer, notice goes to the person you name from among your spouse, your parents, children or other direct relatives, and your siblings. Name someone who reads Korean or can reach someone who does. You, your family, a person you live with or your employer can also ask the court to review whether the arrest or detention is lawful (체포·구속 적부심사), and the court must hear you within 48 hours of the request.

Next step

If you or a family member has been called in for questioning, contact a lawyer before the interview date, not after it, and tell us which language you need. If someone is already detained, send us the police station name and the case number if you have it. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Criminal Procedure Act (형사소송법), as amended with effect from October 2, 2026: Article 25 (challenge to an interpreter), Article 30 (who may appoint a lawyer), Article 33(1) nos. 1 and 6 and (2) (court-appointed lawyer at trial), Article 87 with Article 209 (written notice of detention), Article 180 (interpretation for a person who does not understand Korean), Article 182 (translation of foreign writing), Article 200-5 (notice on arrest), Article 201-2(8) (appointed lawyer at the warrant hearing), Article 214-2(1) and (4) (review of arrest or detention; hearing within 48 hours), Article 221(2) (investigators may commission interpretation), Article 243-2(1) (lawyer's attendance at questioning), Article 244(2) and (3) (reading and correcting the record), Article 244-3 (right to silence and to a lawyer), Article 244-4 (record of times), Article 244-5 no. 2 (trusted person present, including by reason of nationality). Vienna Convention on Consular Relations (consular notification).

This is general information, not legal advice. Every case is different.