So following a lapse of your better judgement, you find yourself inside a police station in a foreign land. Your first instinct may be to use whatever Korean you know to explain yourself. But maybe don't be so quick to trust those same instincts that landed you there in the first place.

As in many other countries, everyone on Korean soil has the right to a fair investigation and trial. For anyone who does not speak Korean, this includes requesting interpretation, as stipulated by Article 180 of the Criminal Procedure Act.

Officers are mandated to ensure that fluent communications occur between investigators and the person being investigated. The right of communication is among the basic legal rights to which foreign nationals and Koreans alike are entitled.

In 2020, a Moroccan man who had lived in the country for eight years at the time was involved in a scuffle, during the investigation of which police did not provide an interpreter. This was because the man told officials that he could communicate in Korean, but the National Human Rights Commission in November determined that it nonetheless infringed on his rights, since he did not have a clear understanding of legal terms.

Korean law stipulates that those caught in the act of crime can be arrested and detained without warrant for up to 48 hours, but legal precedents dictate that such an arrest must be made only under probable cause, such as the person being a flight risk.

This means you could be asked to come with police officers to the station if you got into a bar brawl, but it is not conventional for you to be detained for the 48 hours if no severe injuries have occurred and it the offense was minor. It may go without saying, but you should never try to attack an officer under any circumstances, as such an action certainly constitutes conditions for immediate arrest.

South Korea basically abides by the territorial principle, which means people from abroad who are suspected for a crime here must be tried under the Criminal Act of this country. But it is still possible for one to reach out to diplomatic authorities from their own country.

If you have been arrested or detained in any form, you have the right to communicate with consular posts from your own country under Article 36-1-(a) of the Vienna Convention on Consular Relations. If a detained individual of a country that has a consulate here so requests, South Korean authorities must alert the consular posts of that country and must not deter any communication between the two parties.

Legal authorities here must notify detained individuals of this right.

Everyone has the right to be assisted by an attorney, so it is ideal to find a lawyer as soon as possible if you actually are looking at criminal charges. A lawyer could help fight a warrant for official arrest and has the legal knowledge to prepare you in both the police investigation and in a potential trial.

A foreign national fighting criminal charges in Korea has to prepare for punishment via the Criminal Act and the Immigration Act, as legal precedents say that a foreign national who has been assessed a criminal punishment of a fine of 3 million won ($2,030) or more — or an accumulated minimum of 5 million over five years — is subject to review for deportation. Thus it is ideal to find lawyers with professional knowledge in the specific field.

The Enforcement Degree of the Immigration Act states that those found guilty of murder, severe acts of robbery, sex crimes, drug crimes, insurrection and other major crimes can be deported.

If you are from a country where soft drugs are legalized, you should note that any form of narcotics, psychotropic drugs or cannabis are banned from use, trade, possession, management or even carrying in South Korea. There is no such thing as recreational marijuana use here. It is a major crime that can actually land you in prison, even if you are from a place that allows it.

Several government agencies offer interpretation services via phone, including the Korea Tourism Agency at 1330, the Ministry of Gender Equality and Family at 1577-1366 and the Ministry of Justice at 1661-2025. The range of available language varies by government body, but all three include English, Japanese, Chinese, Russian, Vietnamese and Thai.

The National Police Agency in 2023 launched an around-the-clock foreign-language service for the 112 police hotline in English and Chinese, the two most frequently used foreign languages here.

So if you get into trouble with the law in Korea, know your rights, get as much help as you can — as soon as possible — and most importantly, keep calm.

Survive & Thrive is a series offering a guide to living in South Korea for those born outside of the country. – Ed.