Custody Review in Korea: Lawyer Fees and Release Within 48 Hours
1. What Is a Custody Review (구속적부심사)?
When a family member or close contact is suddenly detained, most people are unsure what to do next. However, even after detention, there is a legal procedure in Korea that allows you to request release through the court—this is called a custody review (구속적부심사).
A custody review is a process where the court re-examines whether the detention is lawful and necessary. Even if a detention warrant has already been issued, the detainee may be released if the grounds for detention are insufficient or excessive.
The procedure moves very quickly:
- Filing deadline: Within 7 days from the date of detention
- Court hearing: Within 48 hours after filing
- Decision: Typically within 24 hours after the hearing
The request can be filed not only by the detainee, but also by a spouse, immediate family member, or attorney.
2. Why Hiring a Lawyer Is Critical
A custody review is effectively a one-time opportunity. In principle, it cannot be refiled, which means the initial strategy is crucial.
In practice, cases handled with legal representation show a significantly higher likelihood of release compared to those without. This is because an experienced criminal defense lawyer will:
- Analyze and challenge the legal basis for detention
- Rebut concerns about flight risk or evidence tampering
- Present strong personal circumstances (residence, employment, family ties)
- Structure persuasive arguments tailored to the court’s decision-making
Given the extremely limited preparation window of 48 hours, professional legal support can directly impact the outcome.
3. Lawyer Fees for Custody Review
Legal fees for a custody review vary depending on the complexity of the case and the experience of the lawyer.
In general:
- Starting from approximately KRW 3 million
- Can exceed KRW 10 million for complex or serious cases
However, more important than the cost is the lawyer’s ability to respond immediately. In custody review cases, speed and coordination often matter more than the fee itself.
4. What to Look for When Choosing a Lawyer
In urgent detention situations, the right lawyer can make a decisive difference. You should focus on the following:
• Immediate client access (detention visit)
A lawyer must meet the detainee as soon as possible to understand the case details, prior statements, and investigation status. Early intervention prevents unfavorable statements from being solidified.
• Hearing preparation
Court hearings are often brief—sometimes just 10 to 20 minutes. The detainee must be prepared in advance on how to respond clearly and calmly. Without preparation, nervous or inconsistent answers may negatively affect the outcome.
• Evidence and document preparation
Key supporting documents—such as proof of residence, employment certificates, family records, medical documents, and written statements—must be gathered within 48 hours. Identifying and organizing these effectively requires legal experience.
5. What You Should Do Immediately After Detention
If someone close to you has been detained, you should promptly check the following:
- Whether the 7-day filing window has passed
- Whether the stated grounds for detention are excessive or inaccurate
- Whether a lawyer can be appointed immediately for rapid response
Delays at this stage can significantly reduce the chances of release.
Decent Law Firm – Criminal Defense Team
A custody review is a race against time. The outcome depends on how quickly and strategically the case is handled.
Decent Law Firm provides:
- Emergency detention visits
- Preparation and filing of custody review petitions
- Full representation at court hearings
Detention is not the end—it is the beginning of legal response.
The 48-hour window is critical. Acting quickly can make all the difference.
