주한외국인법률정보

[Q&A] Accused of sexual assault. How do I request an interpreter and a lawyer?

Essential knowledge before you speak to the police to protect your right to stay in Korea.

[Q&A] Accused of sexual assault. How do I request an interpreter and a lawyer?
Table of Contents

Receiving a call from the Korean police is an intimidating experience for any foreigner. However, the first few hours of an investigation are the most critical for your future in Korea. A single misspoken sentence during your first statement can directly lead to a deportation order, regardless of the trial's outcome.

1. The Importance of the 'First Statement'

In the Korean legal system, the initial statement made to the police (Pi-ui-ja Sin-mun Jo-seo) carries immense weight. It is very difficult to change your testimony later in court. If you admit to something you didn't fully understand due to stress or language issues, it will be used against you permanently.

2. Your Right to an Interpreter

By law, every foreign national in Korea has the Right to an Interpreter during a police investigation. Never agree to proceed 'in English' or 'in broken Korean' if you are not 100% comfortable. Small nuances in legal terms can have massive consequences. If you don't understand a question, do not answer it.

3. The 'Lawyer's Presence' is a Shield

Having a lawyer sit next to you during interrogation is not an admission of guilt; it is the exercise of a fundamental right. A lawyer ensures that:

  • The police do not use coercive or leading questions.
  • Your statements are recorded accurately in the official protocol.
  • Cultural misunderstandings are cleared up on the spot.

4. Police Investigation vs. Immigration Risk

Most foreigners focus only on the 'Fine.' However, the police report is automatically shared with the Ministry of Justice. Even if the police are 'friendly,' their primary goal is to close the file with a conviction. For you, the goal is to keep the record clean enough to pass the Immigration Departure Audit.

5. Why Hoam Law Firm?

Hoam Law Firm specializes in 'Investigation Defense' for foreign nationals. We don't just wait for the trial; we intervene at the police station. We guide you on which questions to answer and which to remain silent on, strategically shaping your testimony to minimize both the criminal penalty and the immigration risk.

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