I Got a Call from the Police. Do I Have to Appear Right Away? [Everyday Life Turned into a Case, by Attorney Won Hee-young]

[Financial News]  
A call came in from an unfamiliar number while I was at work. The caller said he was an investigator from a police station and asked me to come in for questioning because a complaint had been filed. Before I could even ask what the case was about, the investigator began by asking when I could appear. Would I be at a disadvantage if I did not go immediately? If I explained that I had been wronged, would the matter be resolved quickly?

Just because the police have asked you to come in does not mean you need to head to the police station immediately. If it is an ordinary request to appear, as opposed to a compulsory procedure such as the execution of an arrest warrant, you can negotiate the schedule. Before setting a date, first find out what case you are being called in for and in what capacity.
First, write down the investigator's police station and department, as well as the investigator's name and contact information. If you are unsure whether the call really came from the police, verify it through the main number listed on the police station's official website. Then ask for the case number and the reason for the request to appear, and find out whether you are being called as a suspect or a witness. It is easy to take the matter lightly after hearing, "You only need to come in for a brief conversation," but that alone does not tell you what kind of questioning you will face.
If you are a suspect, you should ask not only what offense is involved but also what conduct is at issue. It can be difficult to know which transaction is involved based only on the phrase "fraud allegations." You need to find out when the incident occurred, who was involved, and what happened so that you can look for relevant conversations and transaction records.
You do not need to try to explain the entire course of events during the first call. If the matter happened long ago and you cannot remember it or need to review documents to know the answer, say so. Be careful not to guess and answer questions about details you do not remember simply because you want to clear things up quickly. If the investigator uses wording that differs from the facts while summarizing your statements, it is also best to point that out.

If the case began with a complaint or an accusation, obtain and review the complaint or accusation report. On the information disclosure portal, select "Information Disclosure Request" and designate the police station handling the case as the requested agency. In the request, provide information that identifies the case, such as the case number and your name, and ask for a copy of the complaint or accusation report.
Receiving a complaint does not mean you will learn all of the other party's allegations and evidence. A complaint may briefly state only the alleged facts, while the detailed circumstances are set out in a separate supplementary statement. Documents may also be disclosed with personal information and other details redacted, and it may be difficult to obtain the supplementary statement or evidence materials as well. Even so, reading the complaint can help you identify claims that differ from your own recollection and prepare for the investigation.
Some cases begin with a 112 emergency call or another report and have no complaint on file. In that situation, ask the investigator about the case and inquire at the police station's civil affairs office whether you can obtain a Certificate Confirming the Facts of a Case or Incident. If you are eligible to receive one, bring your identification and apply for it. The certificate can help you understand the basic facts of the case, but it will not provide the detailed statements of the people involved or the evidence.

You do not have to appear on the date the police initially propose. If you have a business trip or a medical appointment, explain the circumstances and suggest another date. The same applies if you need time to review the case or consult a lawyer. If you have filed an information disclosure request for the complaint, you can ask to reschedule the investigation so that you can attend after receiving the documents.
Negotiating the appearance date is different from avoiding contact. The Criminal Procedure Act of the Republic of Korea provides that a suspect may be arrested under an arrest warrant when there are reasonable grounds to suspect that the suspect committed an offense and the suspect fails, without just cause, to comply with a request to appear or is likely to do so.
Even if you are not at risk of arrest, there is no reason to create unnecessary suspicion by mishandling the appearance issue. An investigator handling multiple cases at once may get the impression that you are evading the investigation if you repeatedly ask to change the date without explaining why or avoid contact. If you cannot appear, explain the reason and also state when you will be able to do so.
After requesting a postponement, confirm that the new date has been finalized. Do not assume that the schedule has changed simply because you said, "That day is difficult." Make a note of the date and location agreed upon by phone. If there is any possibility that you understood each other differently, confirm the details again by text message.

Some people look for a lawyer only after realizing how serious the matter is following their first investigation interview. When they review the suspect-interrogation record during a consultation, they may find it difficult to know where to begin making corrections. This is because they guessed at answers to questions they did not clearly remember or made statements before sufficiently organizing the facts, and those statements remain in the record.
To correct such statements, you must explain why you answered that way at the time and why your explanation has changed now. This confusion might have been avoided by reviewing and organizing the record before the investigation. It is frustrating to face a situation that could have been resolved easily at the outset but has now become much more difficult; you may find yourself wishing you had sought help before the first interview.
If you are anxious after receiving a sudden request to appear or find it difficult to respond on your own, consult a lawyer before the investigation and decide whether to retain counsel. If you are being questioned as a suspect, tell the investigator that you wish to be questioned with counsel present, and negotiate the appearance date while allowing time to retain a lawyer.
Once a notice of counsel's appointment has been submitted, you can provide the lawyer's contact information to the investigator and ask that communications about scheduling and submitting documents be handled through counsel. You can then review the allegations with your lawyer and organize the facts you admit, the points you dispute, and the documents you plan to submit.

Write down in chronological order who was with you on the day of the incident, what was said, and what happened. It is helpful to distinguish between what you remember directly, what you learned from reviewing messages or transaction records, and what you have not yet confirmed. Also check whether dates or amounts recorded from memory match the actual records.
For example, if you borrowed money from an acquaintance and failed to repay it, leading to an investigation on suspicion of fraud, repeatedly saying "I intended to repay it" may not sufficiently explain the circumstances. You should examine what you said when borrowing the money, when you promised to repay it, the extent of your income and assets at the time, and how much you repaid afterward. Find the relevant conversations and transfer records as well. If you say, "I repaid part of it," present documents showing when and how much you sent.
When collecting documents, preserve their original form and the surrounding context. Rather than saving only a few favorable lines from a message exchange, secure the entire conversation and mark the relevant portions. CCTV and dashcam footage may disappear after the retention period expires, so promptly request that it be preserved or tell the investigator that it needs to be secured. Do not delay securing evidence just because the investigation date has been postponed.
You may feel that you want to explain everything quickly and put the matter behind you because you believe you have been treated unfairly. Even so, you need time to confirm what facts are at issue and whether your recollection matches the records. Negotiate the appearance date with the investigator, and prepare by that date what you will explain and the documents supporting it. If it is difficult to make these decisions alone, seek help before the first investigation.[About the Author] Attorney Won Hee-young is a former reporter for Financial News and currently handles criminal cases at YK Law Firm. She graduated from Ewha Womans University, earned a master's degree in journalism and communications from Seoul National University (SNU), and graduated from Ewha Womans University School of Law. She examines the moments when ordinary life leads to legal disputes and explains the key issues that determine case outcomes, along with practical ways to respond.[email protected] Lee Hwan-joo Reporter