Worried You May Be Arrested When You Enter Korea?
Speak directly with a Korean criminal defense attorney before you board your flight.
“Don't search for a lawyer after you're arrested at the airport. Have your Korean criminal defense attorney in place before you fly.”
Talk to Attorney Lee
A brief initial email describing your matter is free. Detailed legal advice or evidence review is a paid advisory service (KRW 550,000). Email is available in English and Chinese.
Should You Consider a Pre-Entry Criminal Risk Review?
Consider a review before you fly if any of the following applies to you:
- Korean police have contacted you, by phone, message, or through a summons.
- An ex-partner or a business counterpart told you they filed a criminal complaint against you.
- Something happened while you were in Korea, and you left the country before it was resolved.
- Your family or a friend in Korea was contacted by the police about you.
- You ignored, missed, or could not respond to a police summons.
- You are unsure whether a past case was ever formally closed.
What Can Happen When You Enter Korea
If a person leaves Korea while a criminal investigation is open, the police or prosecutors may suspend the case on the basis that the suspect cannot be located (수사중지 / 기소중지). Depending on the case, that person may then be registered as wanted (지명수배), which generally goes with an arrest warrant, or registered for notification only (지명통보).
At immigration, this can lead to different outcomes depending on the registration: arrest at the airport under a wanted registration, or an instruction to report to the investigating agency for questioning under a notification registration. Which of these applies, if any, depends on the specific case, the charge, and how the matter was left when the person departed Korea.
This section is general information about how Korean criminal procedure can work. It is not a prediction of what will happen in any individual case.
If You Are Detained at the Airport — Step by Step
This is general information about how an airport detention can unfold under Korean criminal procedure, including the revised Criminal Procedure Act effective October 2, 2026. It is not a prediction of what will happen in any individual case, and nothing here promises release at any stage.
- On arrival
At passport control
If you are registered as wanted with an arrest warrant (지명수배), immigration screening can flag this at passport control and airport police are called. With only a notification registration (지명통보), you are usually told to report to the investigating police station rather than arrested on the spot.
- On the spot
The arrest
Police execute the arrest warrant (체포영장). They must tell you the gist of the alleged offense, the reason for the arrest, and that you may appoint a lawyer, and give you a chance to respond (Criminal Procedure Act art. 200-5). You have the right to remain silent and to request an interpreter.
- Without delay, and no later than 24 hours
Notification
The police must notify your lawyer, or a person you designate such as family, in writing (CPA arts. 200-6, 87; Criminal Procedure Rules art. 51). As a foreign national, you can ask that your embassy or consulate be informed, under Article 36 of the Vienna Convention on Consular Relations.
- Same day
Transfer
You are usually taken to the police station handling your case, which may be in a different city from the airport. Questioning (피의자신문) is conducted by police, and your lawyer may attend (CPA arts. 241, 243-2).
- Within 48 hours of arrest
The 48-hour clock
Unless a detention warrant (구속영장) is requested within 48 hours — police apply, and a prosecutor at the Public Prosecution Service (공소청) files the request with the court — you must be released (CPA art. 200-2(5)).
- Usually by the next day after the request
Warrant hearing
A judge holds the detention hearing (영장실질심사) without delay, as a rule by the day after the request (CPA art. 201-2(1)). If you have no lawyer at this point, the court appoints one (art. 201-2(8)). You may also ask the court to review the lawfulness of the arrest itself (체포적부심사, art. 214-2).
- Up to about 30 days before indictment
If detention is ordered
Police may hold you up to 10 days, then the prosecutor up to 10 days, extendable once by up to 10 days with the court’s permission (CPA arts. 202, 203, 205). If detention is not ordered, you are released, and the investigation may continue without custody.
Where a Provisional Retainer (가선임) is already in place, your lawyer already has your travel details and emergency contact on file, and can be notified and begin acting from step 3 onward.
What We Can and Cannot Do
We can:
- Review your situation based on the information and documents you provide.
- Where a case is identifiable, contact the investigating agency on your behalf.
- Depending on the circumstances, try to confirm the case status and discuss arranging a voluntary appearance.
We cannot:
- Guarantee that we can confirm whether a warrant exists.
- Promise that you will not be detained on arrival.
- Promise release if you are detained.
The Pre-Entry Service, Step by Step
01Pre-Entry Criminal Risk Review
Before anything else, we review what is actually known: any police contact, a possible complaint against you, past incidents in Korea, whether an investigation may have continued after you left, and your planned travel dates.
This step is a review, not a guess. The more documents and dates you can provide — messages, a case number, a police station name, a rough timeline — the more useful the review can be.
02Provisional Retainer (가선임, ga-seonim)
A Provisional Retainer is a preliminary engagement signed remotely before you enter Korea — the stage before a formal retention (정식 선임). It is not yet a formal retention for a specific case; it converts into one if a case arises. Your travel dates and emergency contacts are registered with the firm, and your available documents are reviewed in advance.
If a case is already identified — a known police station, investigator, or case number — the power of attorney (변호인선임서) can be filed with that agency now, while you are still abroad. If no case has been identified yet, no blanket filing is made with nothing behind it: the formal filing follows as soon as a case becomes concrete, for example if you are detained or asked to appear at entry.
The Provisional Retainer is the contract that puts a lawyer in place in advance. The filing follows the case — there is no generic filing made against an unknown or non-existent matter.
03Emergency Criminal Representation
If detention or questioning actually happens at entry, full criminal representation continues from there, under a separate fee agreed in advance as part of the Provisional Retainer. Nothing about the representation itself is decided for the first time in the middle of an airport hall.
04If Nothing Happens
If the period covered by the Provisional Retainer passes and you enter Korea without incident, the retainer simply ends. There is no further action, and nothing carries over.
Why Before, Not After
An arrest at the airport is not a good moment to start comparing lawyers. Phone access may be limited, you may not speak Korean, your family may be on another continent, and you may not even know which police station or agency is holding the case. Deciding who will represent you, reviewing fees, and signing an engagement agreement are all much harder to do from a detention room than from your own home before you travel.
A Provisional Retainer moves that decision earlier, to a point where you can think clearly, ask questions, and put an agreement in writing.
Remote Engagement, From Wherever You Are
The consultation is conducted in English, directly with Attorney Doyun Lee, a Korean Bar Association-certified criminal law specialist — not through an intermediary or a general staff member. The engagement agreement can be signed remotely, so you do not need to be in Korea to retain the office.
Also handled for foreign residents
Beyond criminal matters, other legal issues that commonly come up for foreigners returning to or living in Korea include:
Frequently Asked Questions
Can I be arrested at Incheon Airport for a case from before I left?
It is possible, depending on the case. If an investigation was open when you left Korea and the authorities could not reach you, the police or prosecutors may suspend the case because the suspect could not be located (수사중지 / 기소중지) and register you either as wanted (지명수배), which generally goes with an arrest warrant, or for notification (지명통보), which means you will be told to appear for questioning. With a wanted registration, you may be arrested at entry; with a notification registration, you are usually told to report to the investigating agency instead. Whether any of this applies to you depends on the specific facts and the current status of the case.
Can I check whether I have an arrest warrant in Korea?
We can try, but we cannot guarantee an answer. Where a case is already identifiable — a known police station, investigator, or case number — we can contact that agency on your behalf and ask about the case status. Whether a warrant has been issued is information the investigating agency controls, and no lawyer can promise in advance that it will be confirmed.
Can my Korean lawyer act for me while I’m still overseas?
Yes, within limits. A consultation and a Provisional Retainer can both be arranged remotely before you enter Korea, with the engagement agreement signed electronically. If a specific case with an identified police station or case number already exists, the power of attorney can be filed with that agency in advance. If no case has been identified yet, the formal filing is made once one becomes concrete.
What is a Provisional Retainer (가선임)?
A Provisional Retainer is the stage before a formal retention (정식 선임): a preliminary engagement signed before you enter Korea. It is not yet a formal retention for a specific case, and it converts into a formal retention if a case arises. It registers your travel dates and emergency contact information, and puts your available documents under review in advance, so a lawyer is already in place if something happens when you arrive. It is a contract, not a blanket filing made with no case behind it — the formal filing follows once an actual case is identified.
What happens if nothing happens when I enter?
The Provisional Retainer ends at the close of the agreed period. No further action is needed, and there is no ongoing obligation once the period covered by the retainer has passed.
What should my family do if I’m detained at the airport?
Contact our office as soon as possible with your name, passport details if available, and whatever information they have about which airport or agency is holding you. If a Provisional Retainer is already in place, we already have your travel details and emergency contact on file, which can help us respond more quickly.
How long can I be held after an airport arrest before a judge decides?
Under the Criminal Procedure Act, police must request a detention warrant (구속영장) within 48 hours of arrest, or release you. If a warrant is requested, a judge generally holds the detention hearing (영장실질심사) without delay — as a rule, by the day after the request. The judge’s decision on whether to order detention typically follows shortly after that hearing, though the exact timing depends on the case and the court’s calendar.
How are fees structured?
The fee for the Pre-Entry Criminal Risk Review and the Provisional Retainer is quoted in writing before you sign anything. If Emergency Criminal Representation becomes necessary, that fee is also agreed in writing in advance, within the published criminal-defense fee ranges. See the fee guide for consultation fees and criminal-defense ranges.
Consultation
Have your Korean criminal defense attorney in place before you fly
Early review gives time to check what is known about your situation, discuss whether a Provisional Retainer makes sense, and put an agreement in writing before you travel.
When requesting a review, provide:
- your full name and preferred language;
- any police contact, case number, or investigating agency you are aware of;
- a short timeline of what happened, if anything, while you were in Korea;
- your planned entry date; and
- an emergency contact person and how to reach them.
dylee@newlawyer.co.kr
Phone consultation in English: 30 minutes, KRW 110,000. In-person consultation in English: 30 minutes, KRW 550,000.
The consultation fee is waived if you retain Attorney Doyun Lee for the matter.
Legal Information Notice
This page provides general information about Korean criminal procedure and does not constitute legal advice for a specific matter. It does not guarantee any particular outcome, including whether a warrant can be confirmed, whether detention will occur, or whether release will be granted. Korean law and procedure may change, and the advice appropriate for a case depends on its specific facts and procedural stage.
Legal references: Korean Criminal Procedure Act (형사소송법) (appointment of defense counsel, arrest, detention warrant, 48-hour rule); Rules on Police Investigation (suspension of investigation, wanted and notification registration); Immigration Control Act (entry procedures); Vienna Convention on Consular Relations, Article 36 (consular notification).