Foreigner Arrested or Detained in South Korea?
Emergency Criminal Defense for Foreign Nationals
If you or someone you represent has been arrested or detained in South Korea, immediate legal assistance may be critical.
My name is Bom Lee, and I am a Korean attorney handling criminal matters in South Korea.
I assist foreign nationals—including U.S. citizens—who are arrested, detained, or under criminal investigation in Korea. I also work directly with family members and foreign counsel who need immediate assistance for a client in Korean custody.
In some cases, a foreign national may arrive at Incheon International Airport and unexpectedly be arrested based on an outstanding Korean arrest warrant. In other cases, a person already staying in Korea may be detained by the police in connection with an ongoing investigation.
When this happens, the person’s family or attorney overseas may not even know exactly where the individual is being held, which agency is handling the investigation, what the allegations are, or when interrogation will begin.
This is where Korean criminal-defense counsel can intervene.
Immediate Contact with Korean Authorities
If you provide me with the information currently available—such as an arrest warrant, the name or telephone number of the investigating officer, flight information, or information concerning the arrest—I can take appropriate steps to identify the investigating agency and determine the current status of the case.
Depending on the circumstances, I can communicate directly with the Korean police, prosecutors, or other relevant authorities and inform them that the detained individual is represented by Korean counsel.
Review of the Arrest Warrant and Criminal Allegations
One of the first priorities is to determine why the individual was arrested.
I can review the available warrant and case information and seek to identify:
• The alleged criminal offense
• The investigating agency
• The basis for the arrest or detention
• The current stage of the investigation
• Whether interrogation is imminent
• Whether further detention or a detention warrant may be sought
This information is important in determining the appropriate defense strategy from the very beginning.
Attorney Consultation Before Interrogation
Whenever possible, I seek to communicate with or visit the detained client before substantive interrogation takes place.
The client should understand the allegations, the Korean criminal procedure, and the legal significance of making a statement before deciding how to respond to questioning.
This is particularly important for foreign nationals who may be unfamiliar with the Korean criminal justice system.
Representation During Police and Prosecutorial Interrogation
I can attend police and prosecutorial interrogations as Korean defense counsel.
During questioning, I can assist the client in understanding the process, protect the client’s procedural rights, and address legal issues that arise during the interrogation.
The early stages of a criminal investigation can significantly affect the course of the entire case. Statements made during an initial interrogation may become important evidence later in the proceedings.
For that reason, obtaining legal advice before making a substantive statement can be particularly important.
English Interpretation and Statement Review
Foreign-national cases present an additional issue: interpretation.
A person may speak conversational English or understand ordinary questions but still have difficulty understanding the precise meaning of questions involving criminal intent, knowledge, participation, conspiracy, ownership, possession, or other legally significant concepts.
It is therefore important that the client fully understand the questions being asked and that the substance of the client’s answers is accurately conveyed.
I can also assist in reviewing the interrogation process and the written record of the client’s statements.
Detention and Possible Release
An arrest does not necessarily mean that the individual will remain detained throughout the investigation.
Depending on the procedural stage and circumstances of the case, I can examine issues including:
• The legal basis for continued detention
• Whether a detention warrant is being sought
• Arguments against continued detention
• Available procedures for release
• The client’s ability and willingness to cooperate with the investigation
• Relevant circumstances concerning residence, travel, family, and risk of flight or destruction of evidence
If a detention warrant is sought, prompt preparation can be particularly important.
Communication with Family and Foreign Counsel
I can communicate directly in English with the client’s family and foreign attorneys.
When a U.S. attorney or other foreign counsel is already involved, we can coordinate so that relevant documents, factual background, and other information can be provided to me for use in the Korean proceedings.
I can also explain what is happening under Korean criminal procedure so that overseas counsel and family members understand the status of the case and the next procedural steps.
Embassy and Consular Assistance
Foreign nationals in Korean custody may also seek assistance from their embassy or consulate.
Consular assistance and criminal defense, however, serve different functions.
An embassy or consulate may provide consular assistance to its citizen, while representation in the Korean criminal investigation—including legal advice, interrogation attendance, detention proceedings, and courtroom defense—requires representation under Korean law.
Where appropriate, I can assist the client and family in understanding how these processes interact.
Criminal Defense Services for Foreign Nationals in Korea
Depending on the case, I can provide assistance with:
• Emergency response following arrest or detention
• Identification of the police station or investigating agency
• Confirmation of custodial and investigative status
• Review of arrest warrants and allegations
• Attorney visits and consultations with detained clients
• Advice before police or prosecutorial questioning
• Attendance during interrogation
• English-language communication with the client
• Review of interpretation and statements
• Detention-warrant proceedings
• Review of available release procedures
• Communication with overseas family members
• Coordination with U.S. and other foreign attorneys
• Assistance concerning consular communication
• Defense throughout the police, prosecution, and criminal-court stages
What Information Should You Send?
If a family member, client, or colleague has just been arrested in Korea, please provide as much of the following information as you have available:
• Full name as shown on the passport
• Nationality
• Date and approximate location of arrest
• Copy or photograph of the arrest warrant, if available
• Name and contact information of the Korean officer involved
• Police station or investigating agency, if known
• Flight information if the arrest occurred at an airport
• Any information you have concerning the alleged offense
• Contact information for family members or foreign counsel
You do not need to have all of this information before contacting me. In an emergency, send whatever information is currently available.
Contact Attorney Bom Lee
If a foreign national has been arrested or detained in South Korea, early legal intervention can be important.
I am Attorney Bom Lee, a Korean lawyer handling criminal matters in South Korea.
I can assist foreign nationals, overseas families, and foreign attorneys with urgent Korean criminal-defense matters, from the initial arrest and interrogation through detention proceedings, prosecution, and criminal trial.
Bom Lee
Attorney at Law
South Korea
email: leebom.lawyer@gmail.com
whatsapp: +82-10-54836226