If you receive a summons by phone or text
When an investigator calls to ask about scheduling, it is better not to talk about the case. Simply answer, "I will consult my defense counsel and let you know a date." Repeatedly refusing to appear without reason can lead to a request for an arrest warrant, so coordinate the timing but do not avoid appearing.
Preparation before appearing
- Reconstruct the day hour by hourWrite down whom you met that day and why, and where you were and what you did. Leave blank any period you cannot recall, and do not fill it in with guesses.
- Gather supporting recordsCollect conversations, call logs, card receipts, and location records from taxi or map apps. Nearby CCTV is deleted quickly, so requesting its preservation comes first.
- Settle your approachDecide before questioning whether you will deny everything or admit part. Changing your account midway makes even your earlier statements hard to believe.
What to keep in mind during questioning
- Counsel present · You can request that your defense counsel take part when you are questioned (Article 243-2 of the Criminal Procedure Act).
- Right to remain silent · You have no obligation to say anything against yourself. Still, rather than simply staying silent, decide in advance which questions you will answer and which you will not.
- Read the record before signing · When questioning ends, read it line by line, and request corrections before signing wherever it differs from what you actually said.
If they ask for your phone
In illegal filming (officially “taking photographs or videos by using cameras”), obscene communication through telecommunications media, and deepfake cases, requests to submit devices are common. If submission is voluntary, you can limit how much you hand over and be present during the analysis. If data unrelated to the case was opened without a separate procedure, the validity of that evidence can be challenged, so giving up your right to be present is a loss. Deleting data or performing a factory reset before submission can lead to suspicion that you destroyed evidence.
Frequently Asked Questions
Can't I just go alone first and explain my side?
They want me to sit face to face with the complainant for confrontation questioning. Do I have to agree?
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Read more →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.