Investigations Under Korea's 2026 Reform: What a Suspect Now Faces

Since 2 October 2026 a suspect in Korea is questioned by the police, not by a prosecutor, and the first interview has become almost the only investigative interview in the file. Because the stage at which a prosecutor reviewed and corrected the record has narrowed, what happens in the police interview now largely determines the shape of the case.

This guide follows the actual sequence a suspect goes through, and separates the rules already in force from the one significant right that has not started yet. It reflects the statutes as in force on 2 October 2026.

What changed, stage by stage

1. Your first interview is now always with the police

The body that summons a suspect and hears the statement is now the judicial police officer (Criminal Procedure Act art. 200). The duty to warn of the right to remain silent (art. 244-3) and the right of counsel to take part in questioning (art. 243-2) were also written expressly as duties of the police.

The date of attendance must be agreed with the suspect and, where counsel is retained, with counsel as well (Investigation Rules art. 19(2)). That matters in practice: an agency that simply names a date without agreeing it, or that refuses a reasonable postponement, is departing from a stated rule, and the record of that can be put to use.

Because the prosecutor's interrogation stage has been removed, no prosecutor will later sit down with you and produce a fresh record that corrects the police version. The police record is the record.

2. The record that can reach the courtroom

A suspect interrogation record becomes evidence only where the accused admits its contents in court (art. 312(3)). That is a real protection, and it is why a suspect who disputes the record must say so at the time, in specific terms, and have the correction written into the document before signing.

That protection does not undo the practical effect of the first statement. Charging decisions, supplementary investigation requests and the framing of the case are all built on it. A statement that is later excluded as evidence can still have shaped the case that is brought against you.

3. If the police apply for a detention warrant

Where the police apply for a detention warrant over an arrested suspect, the prosecutor may meet the suspect in order to decide whether to seek it (art. 201(7)). The suspect must be able to have counsel present (art. 201(8)), and the prosecutor must explain the right to remain silent and the right to counsel (Investigation Rules art. 29-2(5)).

The provision says the prosecutor may meet the suspect, so a meeting does not happen in every case. Where it does, it is a short and consequential appearance: the decision whether the warrant goes forward is taken immediately afterwards.

4. The fact-checking interview after referral

Once the case has been referred, the prosecutor may hear the suspect's views, or receive a written opinion, in order to decide whether to charge (art. 245-13(1)). Statements and materials from that interview cannot be used as evidence at trial (art. 245-13(3)).

That inadmissibility is narrower than it sounds. The prosecutor uses exactly what is said there to decide whether to indict or to send the case back for supplementary investigation. An unprepared appearance at this stage can end the possibility of a non-prosecution disposition.

5. The recording right starts on 5 August 2027

The amended Act provides that where the police hear a suspect's statement, in any interview however described, the statement must be recorded at the request of the suspect or counsel (art. 244-6(2)). This is the provision most often misreported.

It commences one year after promulgation, on 5 August 2027 (Addenda art. 1(2)). It will apply to investigations in progress on that date (Addenda art. 5(2)), but it cannot be relied on today. A request for recording made now is a request, not an entitlement.

6. What has not changed

Two things remain exactly as they were. The police interview is still the most important appearance in the case, and a statement once recorded is very difficult to change afterwards.

Because the reform layered several new provisions over each other, which rule applies to your case depends on when the investigation began, when the case was referred, and what stage it has reached. Two matters pending on the same day can be governed by different rules.

What foreign nationals should do before the first interview

Interpretation is provided, but the quality varies and statements are recorded in Korean. Do not attend an interview to explain that you are innocent; attend only after counsel has seen the file and the record. Do not contact the complainant, and do not delete anything from your phone.

For the wider picture, see our guide to police questioning in Korea and to the 2026 prosecution reform. If you are a complainant rather than a suspect, the parallel rules are set out in our guide to complainant rights from October 2026.

If you have received an attendance request, contact Taeshin Law Firm for a confidential consultation in English before the interview takes place.