Police Request to Appear by Phone in Korea: What to Check Before a Suspect Interview
If you receive a call from the police asking you to appear for questioning, one of the first things to confirm is whether you are being contacted as a criminal suspect or as a witness or other person involved in the case.
A police request to appear does not always arrive as a written notice. Under Korea’s current investigation rules, a written request is generally used, but a request may also be made by phone, text message, or another appropriate method where prompt contact is necessary or other circumstances justify doing so. The current rules took effect on July 1, 2026.
Rather than ignoring the call or immediately discussing the substance of the case, it is important to first identify the case involved, your procedural status, the investigating officer, and the proposed interview schedule.
Can the Police Ask You to Appear by Phone?
Yes. A police request to appear may be made by phone or text message in certain circumstances.
Article 200 of the Criminal Procedure Act provides the legal basis for requesting a criminal suspect to appear for questioning where necessary for an investigation.
The specific method of requesting an appearance is governed by Article 19 of the Regulation on Mutual Cooperation Between Prosecutors and Judicial Police Officers and General Rules for Investigation.
As a general rule, a written request stating the purpose of the appearance, including the substance of the suspected offense, should be sent. However, where prompt contact is required or other unavoidable circumstances exist, the request may instead be made by telephone, text message, or another appropriate method.
Accordingly, a police call should not be disregarded simply because no written notice has been received.
The more important first step is to identify which police station and officer are handling the matter, what case the request concerns, and in what capacity you are being asked to appear.
Why Should You First Confirm Whether You Are a Suspect?
Because your legal position and the purpose of the interview differ depending on whether you are a suspect or a person being questioned in connection with someone else’s case.
A criminal suspect is a person who is under investigation for a suspected criminal offense. Article 200 of the Criminal Procedure Act governs requests for a suspect to appear for questioning.
By contrast, Article 221 permits investigators to request the appearance of a person other than the suspect where his or her statement is necessary for an investigation. This may include a victim, witness, or another person connected to the case.
The fact that both may receive a call asking them to come to a police station does not mean their procedural positions are the same.
If you are being questioned as a suspect, the police may ask questions directly concerning the alleged offense, and statements made during the interview may become important evidence as the investigation proceeds.
Before interrogating a suspect, investigators must also inform the suspect of certain rights, including the right to remain silent and the right to assistance of counsel, as provided under Article 244-3 of the Criminal Procedure Act.
For this reason, if you receive a request to appear, it is generally advisable to first determine your procedural status and the nature of the case before giving a lengthy explanation of your position over the phone.
What Should You Check When the Police Call?
After confirming whether you are a suspect, you should identify the basic information necessary to understand and prepare for the investigation.
You will not necessarily be given access over the phone to the complainant’s statements, evidence collected by investigators, or the complete investigation record.
However, you should generally try to identify the basic circumstances of the request before simply agreeing to an interview date.
| What to Check | Why It Matters |
|---|---|
| Police station, division, and investigating officer | Confirms the investigating authority and contact details |
| Whether you are a suspect or another person involved | Clarifies your procedural status |
| Case or alleged offense involved | Helps identify the subject of the investigation |
| Date, time, and place of interview | Allows you to prepare and coordinate your schedule |
| Whether a written request has been or will be sent | Allows you to review any information provided in writing |
If the call itself appears suspicious, you may verify the officer and department through the police station’s official contact information rather than relying solely on the telephone number provided by the caller.
Can You Ask to Change the Interview Date?
Yes. If you have a legitimate scheduling issue, you may ask the investigating officer to adjust the date and time.
Article 19 of the investigation rules requires investigators to provide sufficient time when requesting a suspect’s appearance so as not to unnecessarily interfere with the suspect’s livelihood. The rules also provide for coordination of the interview date and place and, absent special circumstances, adjustment of the date where the suspect requests a postponement.
Accordingly, if you cannot attend because of work, travel, or another legitimate reason, it is generally preferable to explain the situation to the investigating officer in advance and arrange another date.
This should be distinguished from simply ignoring the request.
Under Article 200-2 of the Criminal Procedure Act, where there are reasonable grounds to suspect that a person committed an offense and the suspect fails to comply with a request to appear without justifiable cause, or there is reason to believe the suspect will not comply, an arrest warrant may become an issue if the statutory requirements are otherwise met.
This does not mean that missing a single requested appearance automatically results in arrest. The relevant circumstances and statutory requirements must be considered.
What Should You Prepare Before a Police Interview as a Suspect?
If you have confirmed that you are being investigated as a suspect, you should review the relevant facts and objective evidence before the interview.
A useful starting point is to organize the events chronologically and distinguish between:
- the conduct or facts being questioned by the police;
- what actually happened and in what sequence;
- your role and actions;
- objective evidence such as contracts, bank records, transfers, emails, or messages;
- points on which the other party’s account differs from yours; and
- matters that may require further explanation.
For example, if the case concerns money or a contractual relationship, relevant agreements, bank records, and payment records should be reviewed together.
If messages or online communications are at issue, individual statements should generally be considered together with the surrounding conversation and context rather than in isolation.
You should also avoid guessing when your memory is unclear or altering or deleting existing materials in an attempt to prepare for questioning.
Under Article 243-2 of the Criminal Procedure Act, a suspect may request the participation of defense counsel during interrogation, and counsel must generally be permitted to participate unless there is good cause to restrict participation. The official English translation refers to Article 243-2 as “Defense Counsel’s Participation.”
Where the allegations are disputed, the parties provide materially different accounts, or the case involves extensive documents or transaction records, reviewing the facts and key legal issues before the first interview can be particularly important.
Frequently Asked Questions (FAQ)
Q1. How can I verify that the person calling me is actually a police officer?
You can contact the relevant police station through its official contact information and confirm the officer’s name and department.
Particular caution is warranted if someone claiming to be an investigator asks you to install an application, transfer money, or take other unusual financial actions.
Q2. What if the police will not explain the case in detail over the phone?
You should not expect the complete investigation record or all evidence collected by investigators to be disclosed during an initial phone call.
However, you may ask for basic information necessary to understand the request, including whether you are being contacted as a suspect and what case or alleged conduct the interview concerns.
Q3. Do I need to explain my position on the case during the initial phone call?
No. A call made to arrange your appearance does not ordinarily require you to provide a complete substantive statement about the case.
If you are a suspect, it may be preferable to first understand the allegations and review the relevant records rather than giving an extended account based solely on memory before the formal interview.
Q4. Can a lawyer accompany me to a police interview?
Yes. A criminal suspect may request the participation of defense counsel during police questioning.
Article 243-2 of the Criminal Procedure Act provides that, upon a qualifying request, defense counsel should be permitted to participate in the interrogation unless there is good cause otherwise.
Preparing Before a Police Interview Can Be Critical
A police request to appear may be made in writing or, in certain circumstances, by telephone or text message.
If you receive such a request, first determine whether you are being investigated as a suspect, what case the request concerns, who the investigating officer is, and when and where the interview is scheduled.
If you are a suspect, it is important to review the sequence of events and relevant evidence before the first interview and identify any factual or legal issues that may require careful explanation.
Decent Law Firm assists clients in criminal investigations by reviewing the relevant facts and evidence, identifying key issues before police questioning, and providing legal representation during suspect interviews.