What you say in the first questioning follows you to the end of the case

Police Questioning Matters We Handle

1. Summons and Preparing for Questioning — From scheduling to defining the scope of statementsThe judicial police officer must arrange the date, time and place of appearance with the suspect, and with defense counsel if there is one. Checking the summary of the alleged facts before appearing and organizing the timeline and documents can reduce inaccurate statements.Checking the summary of alleged facts in the summons · Arranging the questioning schedule and requesting postponement · Preparing a timeline of the facts · Selecting favorable materials and deciding when to submit them · Reviewing expected questions
2. Counsel's Presence During Suspect Questioning — The right to remain silent and the right to counselBefore questioning, the suspect must be informed of the right to remain silent and the right to the assistance of counsel. Counsel may sit next to the suspect, give advice, take notes and object to improper questioning methods. The suspect should read the record of the interview to the end and ask for any differing parts to be corrected.Deciding the scope of exercising the right to remain silent · Counsel's participation in questioning · Objecting to improper questioning methods · Reviewing the record and requesting corrections · Submitting a written opinion
3. Responding to Referral or Non-Referral Decisions — Types of decisions and what followsWhen the investigation ends, the judicial police officer decides on referral to the prosecutor, non-referral (no suspicion, no crime, no right of prosecution, or dismissal), suspension of investigation, transfer, and so on. The non-referral file is sent to the prosecutor for review, and if the prosecutor finds it illegal or unjust, the prosecutor may request a reinvestigation.Review of the reasons for the decision and the file · Submitting opinions at the supplementary investigation request stage · Responding to a request for re-investigation · Submitting a written opinion before charges are filed
4. Objection by the Complainant — Within 3 months of notice of non-referralA complainant may file an objection with the head of the office to which the judicial police officer belongs within 3 months from the date of receiving notice of non-referral, and once an objection is filed, the case is referred to the prosecutor. A person who reported a crime without being its victim may object only for crimes specified by Presidential Decree.Analysis of the non-referral decision · Drafting the objection · Securing additional evidence · Submitting opinions after referral

1. The Investigation Structure After October 2, 2026

With the reorganization of investigation and prosecution agencies on October 2, 2026, the Prosecution Service and the Serious Crime Investigation Agency were newly created. The new structure can be summarized as follows.

• Judicial police officers (police, etc.): When they find criminal suspicion, they investigate the offender, the criminal facts and the evidence (Article 197(1) of the Criminal Procedure Act). They summon and question suspects and apply for arrest, detention, and search and seizure warrants.
• Serious Crime Investigation Agency: Under the Ministry of the Interior and Safety, it investigates serious crimes specified by law, such as insurrection and treason, crimes related to public officials' duties, and economic, drug and cyber crimes (Articles 2 and 4 of the Act on the Organization and Operation of the Serious Crime Investigation Agency (the “Serious Crime Investigation Agency Act”, 중수청법)).
• Prosecutors of the Prosecution Service: They decide whether to file charges in referred cases, maintain the prosecution, and request from the court the warrants applied for by judicial police officers (Article 4 of the Prosecution Service Act). If necessary, they ask judicial police officers for supplementary investigation or reinvestigation.

Therefore, suspects are questioned in person at investigative agencies such as police stations, and prosecutors of the Prosecution Service are involved at the stage of reviewing the file and deciding whether to indict.

2. Rights Guaranteed During Questioning

3. What Happens After the Investigation Ends

1. The judicial police officer's decision: Referral to the prosecutor, non-referral (no suspicion, no crime, no right of prosecution, or dismissal), suspension of investigation, transfer, and so on (Article 51 of the Investigation Rules).
2. If referred: The prosecutor reviews the file and decides whether to file charges. If needed for that decision, the prosecutor asks the judicial police officer for supplementary investigation, and the officer must carry it out and report the result within 1 month (Article 197-2(1) and (4) of the Criminal Procedure Act; extension possible).
3. If not referred: The judicial police officer sends the prosecutor a written statement of the reasons for non-referral along with the file, and the prosecutor must return it within 90 days (Article 245-5(2)). Within 7 days from the date the file is sent, the complainant is notified of the non-referral, its reasons and how to object (Article 245-6).
4. Request for re-investigation: If the non-referral is illegal or unjust, the prosecutor may request a reinvestigation within 3 months from the date the file is received (and later as well where, for example, new evidence is found), and the judicial police officer must complete the reinvestigation within 3 months (Article 245-8).
5. Objection: If the complainant files an objection within 3 months from the date of notice, the judicial police officer refers the case to the prosecutor without delay (Article 245-7(3) and (4)). If there is a justifiable reason, the period may be extended within 6 months from the date the file is sent.

4. Practical Tips

• Preparing before appearance: Organize the facts by date based on the summary of alleged facts in the summons, and gather objective records such as text messages, transfer records and photos.
• Selective use of the right to remain silent: You may decline to answer all questions, but depending on the case, it may be better to withhold statements only on some questions. You will not be disadvantaged merely because you refused to make statements.
• Checking the record: When reading the record after questioning, check each expression. Ask for corrections where something differs from what you said, and if the request is not accepted, make sure your objection remains in the record.
• Timing of submitting materials: Even favorable materials can have different effects depending on when and how they are submitted, so it is common to submit them with a written opinion after checking that they are consistent with your statements.
• Voluntary submission of a mobile phone: You may refuse voluntary submission, and even if you submit, you should make clear the scope of the information covered and your participation in the selection process.
• For complainants: Check the reasons stated in the non-referral decision, and draft the objection after strengthening the evidence to rebut those reasons.

Key Court Decisions

Supreme Court Decision 2020Do9370, decided May 30, 2024

The Court held that if an investigative agency questions a suspect without first giving notice of the right to remain silent, the statements are inadmissible even if they were voluntary, and that statements in the form of a written statement or self-written statement are treated no differently from a suspect interrogation record. It also held that suspect status arises when the investigation has substantively begun.

Supreme Court Decision 2015Mo2357, decided March 17, 2020

The Court held that a 'justifiable reason' to restrict counsel's participation means cases where a risk of obstructing questioning or leaking investigative secrets is objectively clear, and that removing counsel merely because counsel objected to improper questioning methods is not permitted.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026