A Family Member Was Arrested in Korea: What Happens Next
If your husband, wife, partner, relative or friend has been arrested in Korea, including at Incheon Airport on arrival, the first days follow a fairly fixed procedure. Knowing the order of events, and what you can usefully do from abroad, makes those days easier to manage.
Most families first hear about an arrest from a short phone call, a message from the person themselves, or a silence at the arrivals gate. Information is thin and the language barrier is real. This page sets out, in procedural terms, what usually happens and what a family member can do now.
Attorney Doyun Lee, a Korean Bar Association-certified criminal law specialist, communicates with families directly in English, and by email in Chinese. Cases are handled remotely and the retainer can be signed electronically by a family member abroad.
What usually happens after an arrest
A person who is arrested is held at a police station while the case is investigated. If the arrest took place at Incheon Airport, it is usually handled first at the airport, and the person may then be moved to the police station that is handling the case, which can be a long way from the airport. Where the person is held can therefore change in the first day or two, and that is one reason families often cannot find them straight away.
As a general rule, within 48 hours of the arrest the authorities must either apply to a court for a detention warrant or release the person. The exact handling depends on the case, so treat this as the general framework rather than a promise about any particular case.
If a detention warrant is sought, a judge holds a pre-detention hearing (구속 전 피의자심문, sometimes called a warrant hearing) to decide whether to issue it. This is the most important early moment in the case. What the judge hears about the person’s ties, residence, the evidence and the risk of flight or of tampering with evidence shapes the result, which is why representation in the first days matters.
Why arrests happen at the airport
Arrests at the airport on arrival are usually connected to an earlier matter rather than something that happened on the flight. Common starting points are an outstanding wanted notice or arrest warrant, an open case from a previous stay in Korea, an alert entered in the immigration system before travel, or items found at customs, for example suspected drugs.
If you are reading this before the person has travelled, or you are not yet in Korea yourself and are worried about an old matter, the pre-entry review is designed for that situation. See the page on reviewing criminal risk before entering Korea.
Consular notification and the embassy
A foreign national who is detained has the right to ask for their own consulate to be informed. Family members can also contact their own embassy or consulate directly. The consulate can usually confirm that the person is safe and provide a list of local lawyers, but it does not act as defence counsel and cannot take part in the case.
Contacting the consulate and retaining a lawyer are not alternatives. They do different jobs and can be done at the same time.
What the family can do now
Collect the basics in one place: the person’s full name exactly as in the passport, date of birth, nationality, the flight number and date or where and when they were arrested, any police station name or phone number you were given, and any written notice or case number.
Do not discuss the facts of the case with the detained person by phone or messenger. Calls and messages may be monitored, and an innocent remark can be read as an admission. Keep to welfare and logistics.
Do not contact an alleged victim or witness, and do not ask others to do so on your behalf. Contact made with good intentions can be read later as pressure or tampering.
Keep the person’s messages, travel documents and any paperwork. Do not delete anything.
How we work with families
Detention-centre and police-station visits (접견) and on-site attendance are provided only after a formal retainer is signed. We do not visit on a consultation basis. Urgent and detention cases start from KRW 11,000,000, depending on the case; the legal fees page sets out the published scale.
The retainer can be signed electronically by a family member abroad. You can reach us by email in English or Chinese, or through the consultation chat on this website. We respond as quickly as we can, and the earlier we are contacted, the more options remain.
We do not promise any particular result, and what a lawyer can do depends on the facts and the stage of the case.
After release: leaving Korea and your visa
Release from detention does not always mean the person can leave. An exit ban can be imposed while a case is open, so confirm the person’s travel status before booking any flight. See the page on exit bans.
A criminal case can also affect a foreign national’s status of residence, depending on the charge and the final outcome. See the page on how a criminal case affects your visa.
Real results in similar cases
Results reflect individual cases and do not guarantee the outcome of any similar matter.
Related pages
Frequently Asked Questions
My husband was arrested at Incheon Airport. What happens next?
He is usually dealt with first at the airport and may then be moved to the police station handling the case. As a general rule, within 48 hours of the arrest the authorities must either seek a detention warrant from a court or release him. If a warrant is sought, a judge holds a pre-detention hearing, which is the most important early moment. Gather his passport details, flight information and any police contact details you have, and get in touch with a lawyer as early as you can.
Can a lawyer visit him in detention?
Yes, once a formal retainer is signed. Detention-centre and police-station visits and on-site attendance are provided only after the formal retainer, not on a consultation basis. Urgent and detention cases start from KRW 11,000,000, depending on the case.
Can I hire a lawyer from abroad?
Yes. A family member abroad can retain a lawyer for the detained person, and the retainer can be signed electronically. Send us the details listed above by email in English or Chinese, or through the consultation chat on this website.
Will the embassy provide a lawyer?
Not as defence counsel. A consulate can usually confirm the person’s welfare, be informed of the detention at the person’s request, and provide a list of local lawyers. It does not represent the person in the criminal case, so the family or the person must retain a lawyer separately.
How long can police hold someone before a warrant?
As a general rule, within 48 hours of the arrest the authorities must either apply to a court for a detention warrant or release the person. If a warrant is sought, the court holds a pre-detention hearing before deciding. The specifics depend on the case.
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Advertising Attorney: Doyun Lee, KBA-certified criminal law specialist, Newlawyer Law Office. This page is general legal information and does not guarantee any specific result.