Series Index
Part 1 | Unpaid Corporate Transactions: Liability Behind the Veil
Part 2 | Trade Name Continuity and the Liability of a Successor
Part 3 | Directors’ Liability for Damages
Part 4 | The Person Behind the Company Name
Part 5 | The Limits of Self-Defense in Assault Cases
Part 6 | Criminal Settlement Money: How Much Is Appropriate?
Part 7 | Can Quasi-Rape Be Established If One Has No Memory After Drinking?
Part 8 | Freelancers and Severance Pay: What Courts Really Examine
Part 9 | Assignment of Receivables for Business Financing
Part 10 | Can You Get Divorced If Your Foreign Spouse Disappears?
Part 11 | Can a Tenant Terminate a Lease if Repairs Are Refused?
Part 12 | Can a Subcontractor Recover Payment if the Main Contractor Disappears?
Part 13 | What You Must Know Before Your First Police Interview
By Hong Seung-kwon
Principal Attorney, PAN Law Firm (skh@law-pan.com)
Receiving an unexpected call from the police informing you that a criminal complaint has been filed can be unsettling. For many people, it is their first encounter with a criminal investigation. Understanding how to prepare before the interview—and how to conduct yourself during questioning—can significantly affect the course of the case.
A suspect is simply a person who has become the subject of a criminal investigation based on an alleged offense. Becoming a suspect does not mean that guilt has been established. Nevertheless, the statements made during the initial interview often play a significant role in shaping the direction of the investigation, making careful preparation essential.
The first step is to determine exactly what allegation is being investigated. Police officers generally explain the nature of the suspected offense when requesting an interview. If they do not, the suspect should ask for clarification before appearing for questioning.
Where the facts are clear and the suspect acknowledges wrongdoing, admitting the facts from the outset and demonstrating genuine remorse may be beneficial. Early cooperation and sincere reflection are factors that prosecutors and courts may later consider when determining prosecutorial decisions or sentencing.
A different approach is required when the allegation is unfounded or the facts remain uncertain. In such cases, the priority is to understand precisely why the complaint was filed. This can be accomplished by submitting an information disclosure request through Korea's Public Information Disclosure Portal to obtain the relevant portions of the criminal complaint.
Because disclosure requires time, it is entirely appropriate to inform the investigating officer that the interview should be scheduled after reviewing the complaint. This is a legitimate exercise of the suspect's right to prepare a defense, and investigators will generally accommodate a reasonable scheduling request. The additional time should be used to carefully review the allegations and, where appropriate, seek legal advice.
If the complaint contains factual inaccuracies, merely denying the allegations is often insufficient. The suspect should proactively collect objective evidence capable of refuting the claims before attending the interview.
On the other hand, if some facts remain unclear or supporting evidence is not yet available, every statement made during questioning should be carefully considered. Statements recorded in the police interview report may later become important evidence during criminal proceedings. Speculation, assumptions, or unnecessarily definitive answers should therefore be avoided.
Before signing the interview record, the suspect should carefully confirm that every statement has been accurately recorded. Any errors or omissions should be corrected immediately. If important explanations were not fully addressed during the interview, additional written submissions may later be filed to clarify the facts or challenge the allegations.
It is also important to remember that the first police interview is not a proceeding that determines guilt or innocence. Its primary purpose is to establish and verify the factual circumstances surrounding the allegation. Rather than engaging in unnecessary confrontation with investigators, suspects are generally better served by presenting the facts calmly, consistently, and accurately throughout the investigation.
About the Author
Hong Seung-kwon is an attorney at Law Firm PAN. His practice covers civil and criminal litigation as well as emerging legal issues arising in the digital economy. He regularly analyzes how technological innovation, property rights, and regulatory developments reshape legal frameworks and market governance.
