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PROCESS

From search to trial,
what to do at each stage

In Korea, the 48 hours after an arrest and the first round of questioning often shape the rest of the case.

01

Search and arrest

Investigators seize your phone and belongings and usually take urine and hair samples.

What to do

  • Do not delete messages or data; it can be treated as destroying evidence
  • Keep a copy of the seizure list
  • Contact a lawyer before your first questioning
02

Police questioning

You are questioned as a suspect about use, the source of the drugs and people involved.

What to do

  • Ask for an interpreter if needed
  • Prepare your statement with a lawyer first
  • Do not sign a record you have not fully understood
03

Arrest warrant hearing

A warrant must be requested within 48 hours of arrest, and a judge decides on detention shortly after a hearing.

What to do

  • Show residence, work and family ties in Korea
  • Prepare letters from family and employer
  • Explain your treatment plan
04

Prosecution decision

The prosecutor decides between a suspended indictment (sometimes conditional on treatment), a summary fine or indictment.

What to do

  • Submit treatment and counselling records
  • Organise mitigating circumstances
  • Consider the immigration impact of each outcome
05

Trial and sentencing

The court decides the sentence and may add treatment or education orders and forfeiture.

What to do

  • Prepare sentencing materials
  • Consider appeal deadlines (7 days)
  • Plan for visa and immigration consequences
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If a family member has been arrested

  1. Find out which police station or prosecutors' office is holding them (the arrest notice states this).
  2. A spouse, parent, child or sibling can appoint a defense lawyer.
  3. Ask the police to notify the embassy or consulate.
  4. Prepare letters of support and proof of residence and employment for the warrant hearing.
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What foreign nationals should know first

Right to an interpreter

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.

Consular notification

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.

Visa, deportation and entry bans

A drug 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.

Exit ban during investigation

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.

Detention risk

Because foreign nationals may be seen as a flight risk, arrest warrants can be requested more readily. Proof of residence, work and family ties in Korea matters.

Before you give your first statement,
talk to a lawyer.

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