국문 KR 영문 EN

A Korean police officer asking you to come to the police station "voluntarily" — known as imuidonghaeng (임의동행), or voluntary accompaniment — is a routine part of policing in Korea. But because it happens without a warrant, there is a lot of confusion about when it is lawful, and whether you can actually say no.

The National Human Rights Commission of Korea has previously ruled that when police request voluntary accompaniment without informing the person that they have the right to refuse, this violates the constitutional right to personal liberty.

This article explains the legal basis for voluntary accompaniment, the conditions that make it lawful, and what the courts have said about it.
 

The Legal Basis

The legal basis for voluntary accompaniment comes from two sources.

Article 3 of the Act on the Performance of Duties by Police Officers allows an officer to question someone whose behavior is suspicious or who is reasonably suspected of a crime, and — if necessary — to request that the person come to a nearby police station. Importantly, this is only a "request." Paragraph 2 of the same article is written on the premise that the person may decline.

The same article also contains several procedural safeguards:

• Paragraph 5: If a person is brought in, the officer must notify the person's family or an acquaintance of the officer's identity, the location, and the purpose of the accompaniment — or give the person the chance to make that call themselves — and must inform them of their right to legal counsel.

• Paragraph 6: A person cannot be kept at a police station for more than 6 hours as a result of voluntary accompaniment.

• Paragraph 7: The person cannot be physically detained except under procedures set out in the Criminal Procedure Act, and cannot be forced to answer questions against their will.

Article 199, Paragraph 1 of the Criminal Procedure Act establishes the principle that investigations should rely on voluntary methods, and that compulsory measures are only permitted where specifically authorized by law, and only to the minimum extent necessary. Even when investigators use the form of "voluntary" accompaniment, this principle still applies in substance.
 

Source: Act on the Performance of Duties by Police Officers; Criminal Procedure Act
 

What the Courts Have Said

The Supreme Court of Korea has set out the conditions under which voluntary accompaniment is considered lawful:

"[Voluntary accompaniment to an investigative agency] is recognized as lawful only where it is objectively and clearly proven that the accompaniment took place based solely on the suspect's own free will — such as where the investigator informed the suspect, before the accompaniment, that they could refuse, or where the suspect was free to leave the accompaniment process or the location at any time." — Supreme Court, Judgment of July 6, 2006, Case No. 2005Do6810

In other words, if a person was not told they could refuse before being brought in, or could not realistically have left once there, the accompaniment may not be considered lawful — even if it was labeled "voluntary." In that case, the admissibility of any statements or evidence obtained afterward can also become a live issue.

That said, refusing verbally and physically resisting are treated as legally distinct matters. In cases where a person responded to a lawful stop-and-question or accompaniment request with physical resistance or by fleeing, the resistance itself has been separately recognized as obstruction of official duties in some cases. Whether a refusal was expressed in a lawful manner depends heavily on the specific facts.
 

Practical Issues to Consider

The following points are worth keeping in mind if you are asked to accompany police voluntarily:

• Whether the legal requirements were met: Whether you were told you could refuse, and whether you were genuinely free to leave, can determine whether the entire procedure was lawful.

• How you express refusal: State your refusal clearly and, where possible, keep a record of the situation (for example, by recording audio). This can reduce disputes later.

• The distinction between refusal and resistance: Verbal refusal and physical resistance are evaluated very differently under the law. A procedural response is far safer than an emotional one.

• Your rights even if you do go along: Even if you agree to accompany police, the 6-hour limit and your right to legal counsel still apply.

The specific outcome will always depend on the facts of the individual case and how the police handled the situation.
 

About Decent Law Firm

Because voluntary accompaniment happens before formal arrest or detention, how it is handled at this stage can affect the direction of the entire investigation that follows.

The Criminal Defense Team at Decent Law Firm has experience advising on cases from the stage of stop-and-question and voluntary accompaniment through to trial.

If you have been asked to accompany police, or if you believe the accompaniment was not lawfully conducted, we recommend reviewing your initial response before answering any questions. Decent Law Firm operates a 24-hour system in which a lawyer can respond and travel to the location directly, including at night.