In sexual offence cases, the complainant is usually questioned first, so your first statement is compared against theirs.
A case starts when the complainant reports to the police or when you are arrested at the scene. The police then call or text you to come in.
You are questioned as a suspect. Your phone may be seized and analysed, and the complainant's statement has usually already been taken.
A warrant must be requested within 48 hours of arrest, and a judge decides on detention shortly after a hearing.
The prosecutor decides between no charge, a suspended indictment, a summary fine or indictment.
The court decides the sentence and may add sex offender registration, treatment programmes, employment restrictions or disclosure orders.
If you do not understand Korean well, you can ask for an interpreter during police and prosecution questioning and at trial. Do not sign a statement you have not fully understood.
If you are arrested, you can ask the police to notify your embassy or consulate. Consular staff can help contact family, but they cannot act as your lawyer.
Contacting the complainant yourself to apologise or settle can be treated as pressure or intimidation. Any settlement should go only through a lawyer, or by a criminal deposit with the court.
A sexual offence case can affect your stay. Depending on the outcome, deportation, an entry ban or refusal to extend a visa may follow, so the criminal defense and your immigration status should be planned together.
Investigators may stop you from leaving Korea while the case is open. Tell your lawyer early about travel plans, work contracts or visa expiry dates.
A conviction can bring sex offender registration, disclosure orders, mandatory treatment programmes and employment restrictions. These apply to foreign nationals too.
SEXUAL CRIME DEFENSE · KOREA