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If you are now having 

police  investigation 

without detention



1. Brandon Kim will lead the police investigation without any misunderstanding which may occur because you are foreigner.


Korea is an advanced country, so it keeps fair procedures on criminal cases, but there are unfair things you can receive as a foreigner.  Korean police investigators do not speak English well. Instead, police summon registered professional interpreters to communicate with foreign suspects.  The interpreter registered with the police is a person who is paid for work by the police and is close to the police, so the job of the interpreter is very likely to be done on the police side rather than the suspect. Brandon Kim not only has proficient English skill but also has many years of experience in criminal defense for foreigners. So he knows and remains close to many interpreters. Therefore, he communicates with the interpreter and leads the foreign suspect's investigation into his/her advantage. Brandon Kim will make every effort to ensure that you are not penalized for being a foreigner and that you receive equal treatment under the local crimial justice system (i.e. that you are neither discriminated agaist nor denied justice because you are not Korean.) Combined with the cultural and language differences in Korea, can increase the stress and practical problems arising from arress and imprisonment in Korea. Quick browse of below Korean investigation procedure will be very helpful for you to deal with the investigation ahead as a foreigner.

 


2. Investigation without Detention


In principle, the law enforcement authority conducts investigation without arrest or detention. During an investigation, both the police and the Prosecutor's Office may ask potential suspects to voluntarily come to their offices for interrogation. These requests are voluntary, and an individual may choose not to cooperation. However, the court may issue an arrest or a detention warrant if the suspect in question does not comply or is believed to be non-compliant with the law enforcer's request to attend or appear in person with intent to flee or destroy evidence.


During an investigation the Police and/or the Prosecutor's office can interrogate a suspect. A transcript of the interrogation must be made to be used later as evidence in a criminal trial if occurs. Suspects have a right to have an attorney present during these interrogations; however, a public defender will not be appointed for them for this period. If you want an attorney present during this period you must hire your own lawyer. If a suspect chooses to hire an attorney, they may inform the police that they will not attend the scheduled interrogation until their attorney is present. The suspect may also choose not to sigh andy documents until their attorney is present. 



3. Exit Ban(Travel Ban)


If an investigation is ongoing but it is decided that the suspect will not be detained, the Prosecutor's offcie may place an exit ban on the suspect which prevent them from leaving the country. This exit ban is a temporary and extendable measure that prevents a suspect from fleeing the charges agaisnt them. 



4. Foreign Criminal Supect's Special Rights


a. The right to be informed that you may receive a visit by a Consular Officer from your Embassy. If after being informed of this right you choose not to have a Consular Officer visit you, the police will not notify the Embassy of your arrest. Under the Vienna Convention on Consular Notification, the police are only required to inform you of your right to notify the Embassy. 

b. The right to understand the charged against you.

This includes the right to a translator at certain points and the right to have any Korean ducuments you are asked to sigh orally translated into English for you. During questioning by the investigative authorities, a person who does not understand Korean is entitled to be assited by an interpreter certified by the Korean Government. While certified Korean-English interpreters are commonly available, their level of competence in their second language can vary.





Investigation 

with detention

In general, law enforcement conducts an investigation without confining the suspect. However, if authorities believe the suspect may attempt to flee or destroy evidence, they may arrest, confine, or detain the suspect by filing a request for a warrant from a judge.

1. Arrest

There are three types of arrests:

a. Warranted arrest(체포영장) : A judge an issue an arrest warrant if the suspect in question does not comply with an officer's request to appear, or if the judge believes the suspect may be noncompliant with such a request.

b. Emergency arrest(긴급체포) : The officer can arrest the suspect without a warrant in felony cases. The officer must submit a warrant request with the arrest notification to a local court within 48 hours of the arrest.

c. Flagrant offense arrest(현행범체포) : The officer can arrest the suspect without a warrant if the suspect has committed, is committing, or is attempting to commit an offense in the officer's presence. The officer must submit a warrant along with the arrest notification within 48 hours ot the arrest to a local court.


2. Detention(Confinement)

There are typically two types of detention.

a. Within 48 hours of the initial arrest, the law enforcement authority must obtain a detention warrant(구속영장) from a judge or release the suspect. Once the police file the warrant request, the court summons the suspect to determine if the warrant is justified which is called 구속영장실질심사. 

b. Court confinement(법정구속) : The judge may order immediate confinement of the suspect at any point of the trial(normally at the judgement day) if the judge reasonably believes that the suspect may flee or destroy evidence, is guilty of the current charge. Upon the judge's order, the suspect will immediately be transported to a detention center. 

If the suspect wishes to protest their confinement, they can request a legal review of the confinement order(구속적부심사) before the prosecutor's indictment(prosecution). Alternatively, the suspect can apply for a bail.


3. Bail(보석)

Although bail is not common in the Korean legal system, the detained person has the right to seek bail. Bail is rarely granted for people who are accused of serious crimes of foreigners who are charged with felonies. Conditions of bail are quite varied. Payment is sometimes made throght bail insurance policies issued by guarantee insurance companies, but insurers rarely agree to cover foreigners due to the higher flight risk. Therfore, foreigners generally must pay bail in cash.


4. Period of Detention(Confinement)

The police must hand over the suspect to the corresponding prosecutor within 10 days of the initial confinement. With a proper confinement warrant, the police may detain the suspect for police investigation for up to 10 days before handing the suspect over to the prosecutor. 

The prosecutor must submit an indictment within 20 days of receiving the suspect from the police. After indicting the suspect, the prosecutor may detain the suspect for up to 6 months per a stage of the court. 


5. Brandon Kim is helping foreigners who are detained. 

A defendant who has no criminal experience does not know how to defend himself in a criminal case. Especially a defendant who is in custody does not even have the opportunity to collect data. Therefore, it is necessary in a way to appoint Kim as a lawyer. After serving in criminal trials for more than 10 years, Kim has encountered a large number of criminal judges. Through those experiences, Kim has the ability to represent the accused in the right place. He is good at leading to innocence, and he is good at leading an agreement even if the accused has admitted to a crime. 

Moreover, detention period is quite long since it takes 10 days for police stage, 20 days for prosecutor stage, and 6 months for 1st trial. So, foreign suspect can not communicate with his/her family in home country. Brandon helps to communicate with good manner.  




Decison of Prosecutor


1. Prosecution(Indictment, 기소)

Once the police and the prosecutor collect enought evidence throught their investigations, the prosecutor can request a trial to prosecute the susepct(the act of filing the prosecution is referred to as indictment)


2. Non-prosecution disposition(불기소처분)

There are several scenarios that may lead to a non-prosecution disposition.

a. Being cleared of suspicion(혐의없음) : This occurs when there is either no law defining the offender's action as a crime, or insufficient evidence despite a firm belief that the defendat has committed a crime. 

b. Not guilty(죄가 안됨) : Although the prosecutor may prove that the offender committed a crime, if there are mitigating factors or justification for the crime based on the law the defendant may receive a not guilty. Examples of such scenarios are legitimate self-defense, victim's consent, being forced by another party, insanity, or being a criminal minor.

c. Suspension of prosecution(기소유예) : The prosecutor may decide to suspend prosecution after considering the suspect's criminal background(for example, for a first-time offender) even though the crime has been proven and is subject to prosecution. 


3. Summary order(약식명령 청구)

If the offender's crime is minor enough to be punishable by only a "fine", the prosecutor may request a summary order instead of a trial. The defendant may protest the summary order by filing an appeal.(정식재판 청구) The defendant has to attend an appeal trial that he/she requested.



Korean Correctional Facilities

Foreigners in Korean facilities are generally treated in accordance with Korean law in circumstances similar to those of Korean prisoners. But, mostly foreign prisoners are placed in same rooms. As it is a Korean custom to sleep on the floor, in Korean jail, blankets are placed on the floor for prisoners to sleep on. 

Medical treatment is available in all correctional facilities. Medical problems that cannot be handled at the correctional facility will be referred to local hospitals. Correctional officials are generally interested in making sure foreigners in their custody are treated as humanely as possible, though they cannot provide special treatments to foreigners. Officers in jail doesn't speak English well, so you may request your lawyer if you want to call your family etc. 

Brandon Kim, the laywer has been dealing with so many cases that can be happened and needed to foreigner's in jail as well as police detainment. If your family or friend is in custody, better call Brandon Kim. He knows how to solve it.