A Korean police summons arrived: do I have to go, and can I wait?

You should take it seriously, but you rarely have to go on the exact date written in it. A summons (출석요구) is a request from the police to come and give a statement. If you are named as a suspect (피의자), you may ask for another date, bring a lawyer and decline to answer questions. What you should not do is ignore it again and again: refusing without a good reason is one of the grounds on which police can seek an arrest warrant. For a foreigner, three things come first: making sure the message is genuine, understanding what it says in Korean, and checking whether a trip home or a visa deadline falls inside the case.

Is this message real, and what am I being called as?

Summonses usually come as a phone call, a text message or a letter from a named investigator (수사관) at a police station. Scammers copy this format to frighten foreigners. Before you reply, look up the station's public number yourself and call it to confirm that the investigator and the case exist. Never send money or account details to anyone who says they are the police.

Then find out your role, because it changes your position:

What the summons says	What it means for you
Suspect (피의자)	You are the person under investigation. Your rights to stay silent and to have a lawyer present apply in full
Witness or reference person (참고인)	Police want what you know about someone else's case. Attending is voluntary, and any video recording needs your consent
Complainant (고소인) or victim (피해자)	You started the case or were harmed. This article is not about that role

If the message does not say which one you are, ask the investigator directly and write the answer down.

Can I ask for a different date?

Yes. Rescheduling is common and the investigator expects it. Reply soon, give a reason in a sentence, and suggest two or three dates. Good reasons include the time your lawyer needs to prepare, a fixed work shift, the need for an interpreter in your first language, or travel that was booked before the summons arrived.

Keep the agreed date in writing; a text message from the investigator is enough. If you work under an employment permit, ask your employer for the time off early; the interview can take several hours.

What happens if I simply do not go?

For a suspect, silence from your side is the worst option. Under the Criminal Procedure Act (형사소송법), a judge may issue an arrest warrant (체포영장) where there is good reason to suspect a crime and the person has failed, without a legitimate reason, to answer a summons or is likely to fail. For very minor offences the law is stricter, but it still allows arrest after an unexplained refusal. Being taken in on a warrant is far more disruptive for someone whose job and visa depend on staying out of detention.

A witness is in a different position, because the warrant rule is written for suspects. If you are only a witness, you may decline. Where someone clearly knows facts the investigation cannot do without and still refuses, the prosecutor can ask a judge to question that person as a witness before the trial starts, so tell the investigator plainly if you will not come.

Do I have to answer every question?

No. You may refuse to answer all questions or only some of them, and the refusal cannot be used to make things worse for you. This right is explained before the interview begins, and your choice is noted in the record. In practice, a short answer such as "I will answer that after talking to my lawyer" is better than guessing. A wrong date or name given in a hurry can be read later as a lie. The interview may also be video recorded, in which case you must be told beforehand. If an interpreter is needed, tell the investigator which language when you confirm the date; how interpretation works is covered in our separate article on interpreters.

Can my lawyer come in with me?

Yes. If you, your spouse, a parent, a child, a sibling or your lawyer asks, the police must let the lawyer meet you and sit in on the interview unless there is a legitimate reason to refuse. The lawyer can object on the spot to unfair questions, give an opinion with the investigator's approval during questioning, and state an opinion at the end. That opinion goes into the record, and the lawyer signs it. If the police limit the lawyer's role, that limit must also be written down. Family members abroad can arrange a lawyer for you, since the right to ask belongs to them as well.

What should I bring, and what should I prepare?

• Your residence card (외국인등록증) and passport.
• The summons itself, or a screenshot of the text.
• A short timeline of events, written for your lawyer only, in your own language.
• Any messages, receipts or photos that explain what happened, with the important lines translated into Korean.
• The dates of any planned trip, contract end and visa expiry.

Do not delete messages or change your phone before the interview. Clearing data after a summons can look like hiding evidence.

Can I travel or extend my visa while the case is open?

Going to the station is not itself a reason for immigration action. The case can still affect your plans. Immigration may stop a foreign suspect from leaving Korea for the purposes of an investigation, often without warning until you reach the airport. If your stay permission ends during the case, apply for an extension before the expiry date. Keep the address on your registration current too, because further letters, including a later court order, go to that address.

Next step

Send us a photo or screenshot of the summons, your visa type and expiry date, and the date you were asked to attend. We can tell you whether to reschedule, what to prepare and whether a lawyer should attend with you. 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 200 (summons of a suspect), Article 200-2(1) (arrest warrant after an unjustified refusal of a summons; rule for minor offences), Article 221(1) (summons of a non-suspect; video recording with consent), Article 221-2(1) (prosecutor's request to a judge to question an essential witness who refuses), Article 243-2 (lawyer's meeting and attendance at questioning, who may ask, objections and opinions, record of limits), Article 244-2(1) (video recording of a suspect's statement with prior notice), Article 244-3 (right to silence and to a lawyer, answer recorded). Immigration Act (출입국관리법) Article 4(2) with Article 29(1) (stopping departure during an investigation), Article 25(1) (extension before expiry), Article 36(1) (address change within 15 days).

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