Guidance

South Korea - Prisoner Pack

Updated 27 March 2024

This information is not meant to be definitive and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.     

Chapter 1: Overview

Consular Assistance from the British Embassy

We are impartial; we are not there to judge you. We aim to make sure that you are treated properly and fairly in accordance with Korean regulations, and that you are treated no less favourably than other prisoners. We can answer questions about your welfare and about prison regulations, but not questions about legal matters. You should ask your lawyer or the court these kinds of questions. We can give you a list of English-speaking lawyers. However, neither His Majesty’s Government, nor any official of the Embassy, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given. We cannot pay fines, stand bail, or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime. We have tried to make sure that this information is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt, please contact a local lawyer.

Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad

This information pack is designed to give you, and your family and friends, information about the local system in South Korea and who we can help. A printed copy is provided to those in prison or in prolonged custody (e.g. on remand), and an online version is available at: https://www.gov.uk/government/publications/south-korea-prisoner-pack We welcome feedback to help us improve the information we provide.

Contacting the British Embassy Seoul

• Address: Sejong-daero 19-gil 24, Jung-gu, Seoul, 04519, South Korea
• Address in Korean: 서울시 중구 세종대로 19길 24, 04519 대한민국
• Tel: +82 (0)2 3210 5500 (available 24/7)
• Fax: +82 (0)2 3210 5653

What we can do

The FCDO (Foreign, Commonwealth and Development Office) can offer you impartial and non-judgmental help. If you are arrested, you will be asked by the local authorities if you wish to notify the Embassy. Arrests are not automatically notified to the Embassy in South Korea. Your written consent is a pre-requisite. Once notified of your arrest or detention, consular staff will aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals that need our help the most. The Embassy will also aim to contact you as soon as possible.

We can also:

• Provide you a printed copy of a list of English-speaking lawyers in South Korea.
• Provide general information about the country, detention conditions, and the local legal system in general.
• Provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, and privileges.
• Keep in regular contact with you, either by visiting or by letter. The frequency of contact will depend on local conditions and your personal circumstances.
• Tell the police or prison, with your permission, about any medical needs/problems you may have.
• Put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad.
• In some circumstances, we may be able to help take up complaints with the local authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards.
• In some cases, we may be able to help you apply for a transfer to a prison in the UK. Even if approved, this process can take up to 12-18 months.

What we cannot do

• Get you out of prison, detention, or immigration detention
• Help you get special treatment (e.g. a private cell)
• Offer legal advice or investigate a crime
• Influence legal proceedings or immigration matters (e.g. travel bans)
• Pay for any costs/fines as a result of being arrested/detained
• Forward you packages sent by friends or family
• Prevent authorities from deporting you after release
• Pay for flights back to the UK
• Make applications on your behalf

The basics explained

Can/will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you. With your consent, we can also keep them updated on your well-being.

Will the UK Police be informed?

If you are accused of certain serious offences such as sexual assault or drug trafficking, we may be required to share information about your arrest with UK Police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer in the UK.

Do I need a lawyer? / How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system. We can give you a list of local interpreters as well as a list of English-speaking lawyers. In South Korea, you are assigned a public defender if you are on remand or can show you cannot afford an attorney. A public defender normally works together with a court assigned interpreter. In no circumstance can we pay your legal or interpretation costs.

Can you get me out?

We cannot get you out of prison/detention or get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities.

Who else can help?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British Citizens detained overseas and their families: www.prisonersabroad.org.uk

Chapter 2: Detention/Prison conditions in South Korea

Visits by Consular Staff

We aim to visit you every 6-12 months. During our visit, we can discuss any issues you may have. With your permission, we can raise to detention/prison authorities any concerns you may have regarding your health, welfare and treatment. We can relay any messages you have to your family.

If we are concerned about your health or mistreatment, we will visit you earlier. You can also write to us at any time on matters of concern: Sejong-daero 19-gil 24, Jung-gu, Seoul, 04519, British Embassy Seoul – Consular Section. If the matter is urgent, it may be quicker to ask the prison authorities to contact us – usually via fax (+82 (0)2 3210-5653) – on your behalf.

Understanding Arrest(체포) and Detention(구속)

Once arrested, the police have the right to detain you for up to 48 hours. In most cases (i.e. less serious crimes), the arrestee is questioned and released within the 48 hours. A travel/exit ban may be imposed, however, if the investigation is ongoing. In South Korea, arrests are not automatically notified to the Embassy. The police can notify the Embassy only with your consent.

If the crime is serious enough, the police may decide to detain you further - for up to ten days total, including the initial 48 hours detained upon arrest. The police will use these ten days (max) to decide whether to end the case or transfer the case to prosecution.

If the case to transferred to prosecution, the prosecution may detain you for an additional twenty (10+10) days maximum before deciding whether to indict/prosecute you. Once indicted/prosecuted, a ‘suspect’ becomes a ‘defendant.’

Defendants may be detained (i.e. be on remand) for up to six months. In other words, all lower court criminal cases must be decided within six months. During this time, you will normally be detained at a regional detention centre (구치소). Please ask the detention centre about making outside phone calls. You will be allowed to make phone calls if certain conditions are met and can pay.

Daily life in detention or prison

1. Accommodation: Please be aware overcrowding is a long-standing issue in South Korean correctional facilities, with occupancy rates often reaching over 120% of their intended capacity. As a foreign national, you will most likely share a cell with other non-Koreans, very rarely with a Korean inmate. Expect to share a cell with 5-7 other inmates, all of whom will be required to sleep on the floor, as beds are not provided.

2. Food and diet: Most detention centres (DCs) and prisons serve only Korean food (e.g. rice, soup, and side dishes). Bread and eggs may be provided upon request. Few correctional facilities offer Western or Halal food. If you have money on your virtual DC/prison bank account (which every inmate is automatically given), you may purchase snacks and beverages from within the facility.

3. Hygiene: You will share a bathroom with your cellmates. Facilities provide soap, toothpaste, toothbrush, towels. Shower heads are not provided – you must use a bucket or wash bowl to bathe. Hot and cold water are available.

4. Work: Inmates sentenced to the criminal punishment of ‘imprisonment’ (징역) are required to work. Those sentenced to ‘confinement’ (금고) do not. Confinement is imposed most often on criminal negligence offences.

5. Communication: Most prison guards do not speak English. If you need to communicate something urgent, request that a guard contact the Embassy on your behalf. Do not sign documents written solely in Korean unless you fully understand them.

6. Exercise: Inmates are generally allowed one hour of exercise per day outside their cell.

7. Climate: Korean summers can be extremely hot and humid. Winters can be very cold for some. Cells have heating in winter but no air conditioning in the summer; only fans. July and August temperatures can rise up to 39 ℃. Recent winter temperatures have been as low as -12 ℃.

8. Religion: Access to mainstream religious services is allowed. Bible or other religious texts are not provided by the facility.

9. Medical and dental care: A doctor is present, but these services tend to be very basic within correctional facilities. If your condition warrants specialised care, an official request could be made to visit an outside hospital. Certain medication may be delivered to inmates, under specific conditions.

10. How can I receive money: Every inmate is given a virtual bank account upon incarceration. Family and friends can transfer money directly to this account. The maximum balance allowed is approximately 1,000 GBP. To send money, request the prisoner’s personal bank account number from the facility. The Embassy can assist with finding out this information.

11. Mail/Parcels: Inmates can receive letters and everyday items (e.g. books). Inmates undergoing trial for drug offences are forbidden from receiving packages, except for regular letters. Even books and/or magazines are forbidden for drug offenders.

12. Can I make telephone calls: Phone calls are permitted in most detention centres and prisons on a limited basis. Well-behaved inmates receive telephone call privileges under certain conditions. While in custody, you do not have access to mobile phones or wifi.

13. How can I make a complaint about mistreatment: If you have been mistreated, please inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, check on your welfare, discuss allegations, and inform you of any local complaint procedures and support organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, please try to see a doctor, and request a medical report as soon as it possible for you to do so. At the same time, you can reach out to the National Commission of Human Rights of Korea and launch a formal complaint. Please see their contact information below:

Address: Narakium Jeo-dong Bldg., 340, Samil-daero, Jung-gu, Seoul, 04551, South Korea
Tel: +82 (0)2 2125 9700
Fax: +82 02 2125 9812

Chapter 3: The Judicial System in South Korea

Key Differences from the UK

South Korea’s criminal court system consists of:

1. Lower District Courts (first-instance courts)
2. Appellate Courts (courts that hear appeals)
3. The Supreme Court (final court of appeal)

One of the most significant differences from the UK system is that prosecutors in South Korea have the right to appeal both verdicts and sentences. If a prosecutor believes a verdict (e.g., an acquittal) is incorrect, they may appeal. Similarly, if they find a sentence too lenient, they can request a harsher punishment. A court decision becomes final only when neither party appeals. The Supreme Court’s ruling is always final and cannot be further challenged.

For how long can I be remanded in custody?

If you are found not guilty, placed on probation, or fined and the prosecution does not appeal, you can be held in custody for a maximum of six months while awaiting the verdict. If the prosecution appeals and the case moves to:

• The Appellate Court → Up to 4 additional months
• The Supreme Court → Up to 4 more months

In total, you may be held for up to 14 months (6+4+4). If you are ultimately found guilty and sentenced to prison, any time spent while on remand will count as time served.

Bail and parole

You do not need a lawyer to apply for bail or parole—you can file an application directly. However, both are rarely granted to non-Korean defendants who do not have strong ties to Korea.

The FCDO cannot assist with bail applications or fund your release. If granted parole, you will likely be transferred to immigration detention and deported back to the UK.

Sentences

Sentences depend on the severity of the crime and any mitigating factors. You should consult your lawyer for advice. The death penalty still exists in South Korea, but no executions have taken place since 1997.  If you receive probation, suspended sentence, or a fine, you will be released immediately once the verdict is final, and you can leave the country as soon as possible.

Appeals Process

If you wish to appeal a court decision, you must submit your appeal within seven days from the sentencing date (not date of notification).

For non-Korean defendants, receiving a translated copy of the verdict/decision may take additional time, making the seven-day deadline challenging. To avoid missing the deadline, it is essential to stay informed about your sentencing date through your lawyer. If you have any concerns about the timeline, consult your lawyer as soon as possible.

Deportation

If you are found guilty and released - either after serving your sentence or receiving probation/fines - you will likely be deported. Most foreign nationals are transferred to Hwaseong or Suwon Immigration Detention Centers before deportation.

Is transfer to the UK a possibility?

South Korea and the UK have a Prisoner Transfer Agreement, but prisoners do not have an automatic right to be transferred. Each request is reviewed individually by both Korean and UK authorities.

Once your sentence is final, you can apply for a prison transfer by informing the prison authorities - you do not need Embassy involvement at this stage.

If your transfer is approved by the Korean authorities, the Embassy will then assist in coordinating with UK authorities. Please note the transfer process can take up to 18 months from the date of request.

Chapter 4: Additional Information

Lawyers in South Korea

Warning: You should do your own research before deciding which provider to use. The following list has been prepared for the convenience of British nationals in South Korea. It is not a recommendation and should not be treated as such.

Pureum Law Office 

• Independent lawyer / sole practitioner
• Regions served: All regions in Korea including Jeju
• Legal expertise: Criminal, Family, Immigration, International, Personal Injury, Real Estate
• Additional details: Legal aid, Pro bono, has represented British nationals

Name: Simon Dokyung Lee
Address: Mapo-gu - Baekbum-ro 31gil 8, 505 - 04147 - Seoul
Email: ask@pureumlawoffice.com
Telephone: +8227907303
Out of hours: +821054647303
Website: http://www.pureumlawoffice.com

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Hmp Law 

• Medium (16-350 legal professionals)
• Regions served: Seoul and all regions in South Korea
• Legal expertise: Corporate, Employment, International, Real Estate
• Additional details: Legal aid, Pro bono, has represented British nationals

Name: Sang Il Park
Address: 9th Floor, Shinhan Bank Building - 20, Sejong-daero 9-gil, Jung-gu - 04513 - Seoul
Email: sipark@hmplaw.com
Telephone: 82-2-772-2700
Website: http://hmplaw.com

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Law Office Yuik 

• Independent lawyer / sole practitioner
• Regions served: Seoul
• Legal expertise: Corporate, Criminal, Employment, Family, Immigration, Intellectual Property, International, Personal Injury, Real Estate
• Additional details: Legal aid, Pro bono, has represented British nationals

Name: YOHAN BANG
Address: #503 Salvation Army Office Building, 69, Saemunan-ro - Jongro-gu - 03175 - Seoul
Email: yuiklaw@gmail.com
Telephone: +82(0)27221791

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Sijoong Attorneys At Law 

• Small firm (up to 15 legal professionals)
• Regions served: Seoul
• Legal expertise: Corporate, Criminal, Employment, Immigration, Intellectual Property, International, Real Estate
• Additional details: Legal aid, has represented British nationals

Name: Hankyul Lee
Address: 15 Beobwonro-3-gil - Suite #305 - 06595 - Seocho-gu, Seoul
Email: legal@sijoong.com
Telephone: +8225367708
Website: https://sijoong.com

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Hyemyung Lawfirm 

• Medium (16-350 legal professionals)
• Regions served: Seoul
• Legal expertise: Bankruptcy, Corporate, Criminal, Employment, Family, Personal Injury, Real Estate
• Additional details: Legal aid

Name: Cho, Jooyung
Address: Seo-cho gu, Banpodaero 30gil 81 - 3F - 06644 - Seoul
Email: jycho@hm-law.co.kr
Telephone: 82(02)5811188
Website: http://www.hm-law.co.kr/

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Lawfirm Hanbada 

• Small firm (up to 15 legal professionals)
• Regions served: Seoul, Gyeonggi-do
• Legal expertise: Bankruptcy, Corporate, Criminal, Employment, Family, Immigration, Intellectual Property, International, Personal Injury, Real Estate
• Additional details: Legal aid, Pro bono, has represented British nationals

Name: Sang Hoon Han
Address: 6F, 212 Gangnam-daero, Seocho-gu - 06736 - Seoul
Email: lawyernearme.kr@gmail.com
Telephone: +82(0)25118723
Out of hours: 050 6719 8723
Website: https://www.lawyernearme.kr

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Seoul Law Group 

• Small firm (up to 15 legal professionals)
• Regions served: Nationwide
• Legal expertise: Criminal, Family
• Additional details: Legal aid, has represented British nationals

Name: Aaron Hwang
Address: 8th Floor, Gangnam-daero 200 - Seocho-gu - 06743 - Seoul
Email: info@seoullawgroup.com
Telephone: +82(2)318-2554
Out of hours: +82-10-7900-0941
Website: https://seoullawgroup.com/

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Law Firm Sam Yang 

• Small firm (up to 15 legal professionals)
• Regions served: Seoul, Busan
• Legal expertise: Bankruptcy, Corporate, Criminal, Employment, Family, Health, Immigration, Intellectual Property, International, Maritime, Personal Injury, Real Estate, Tax
• Additional details: Legal aid, Pro bono, has represented British nationals

Name: Chung Scott Sok Yong
Address: 3rd Floor, GangNam Dae-ro 256 - Gang Nam-Gu - 06266 - Seoul
Email: schung@pilolaw.com
Telephone: +821031894084
Out of hours: +821037896227
Website: http://www.pilolaw.com

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Korus Law 

• Small firm (up to 15 legal professionals)
• Regions served: Seoul
• Legal expertise: Corporate, Criminal, Employment, Family, Immigration, International, Personal Injury, Real Estate
• Additional details: Legal aid

Name: Seungjin Lee
Address: А-1619, 167, Songpa-daero, Songpa-gu - 05855 - Seoul
Email: koruslawcenter@kakao.com
Telephone: +821098731991
Website: https://koruslaw.com

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K P Law Firm 

• Small firm (up to 15 legal professionals)
• Regions served: Incheon, South Korea
• Legal expertise: Corporate, Criminal, Family, International
• Additional details: Legal aid, has represented British nationals

Name: Michelle Jang
Address: Incheontowerdaero 323 centroad B 2901 - Incheon
Email: michelle.jang@kimnpark.com
Telephone: 820328648300
Out of hours: 8201076325082
Website: https://m.kimnpark.com/page/page255

Prisoners Abroad Authorisation Form

A Guide to How Prisoners Aboard can Help You

Being arrested and held in prison abroad can be a confusing, terrifying and lonely experience. You may not understand the people around you and may know little or nothing of the local criminal justice system.

Prisoners Abroad is a non-government organisation which provides a vital service to British nationals in prison abroad, to their families and to released prisoners returning to the UK.

All our services are free and confidential, and we make no moral judgement about the people we work with; we help convicted and un-convicted, guilty or innocent, solely on the basis of need.

The Casework Team

The casework team will provide a personal, friendly and confidential service and will try to respond to your questions and your needs. All our caseworkers speak at least one other language and where necessary can speak with the prison, your lawyer, the British Embassy or any other relevant authorities on your behalf.

Information

Once you return the registration form, you will receive a pack containing a series of briefing sheets about issues which may affect you during your detention and information on the prison and criminal justice system of the country in which you are held. If you have specific requests for information, our casework team will try and find the information you need. Where possible, they can also arrange for documents to be translated or provide information on how you can apply for transfer back to the UK.

Financial Assistance

If you have no other source of income, we can help in the following ways:

• In developing countries, we can make regular payments to help you buy essentials such as food, vitamins and bedding.
• In some circumstances, we can help with the cost of essential medical treatment that is not provided by the prison.
• In developed countries, we may be able to send you a one-off annual grant for essentials such as toiletries and stationery.

Representations and Liaison

Prisoners Abroad addresses complaints about prison conditions and treatment, and, where necessary, will lobby the relevant agencies that can help. We cannot get better treatment for you than is provided for other prisoners in the same country, and some authorities are more open to representations than others, but we will do whatever is possible. If you wish, we will keep in touch with the Embassy representative about your situation and can also refer you to other organisations.

Social Contact and Support

We can send you:

• Regular copies of our newsletter
• International Freepost envelopes so that you can keep in touch with us and your family for free.
• Magazines and newspapers
• Donated paperback books
• If you would like someone to write to you regularly, we can try to match you with a pen-pal who shares your interests
• We also have a limited supply of arts materials and language learning materials that we may be able to send you

Help For Your Family

Prisoners Abroad will also offer your family or friends’ advice, information and support. We have a series of leaflets that offer guidance and information on some of the problems that family’s face when they have a relative in prison abroad. Finally, if your family is on welfare benefits and would like to visit you, they can apply to us for a contribution towards travel costs.

After Release

When you are released from prison, we can offer you a range of services to help you re-settle in the UK. For example, if you are returning to the London area, we can advise you on finding emergency hostel accommodation and claiming benefits. We also offer use of a computer, temporary storage for luggage and a shower facility.

What Prisoners Abroad cannot do for you

Prisoners Abroad will try to help you where possible. However, there are limits to the assistance we can provide. We cannot:

• Get you out of prison
• Give legal advice about your case
• Publicise your case in the press and media
• Pay your fines or your airfare back to the UK
• Provide living expenses if you are released on bail
• Handle and/or speed up your transfer application
• Visit you in prison abroad

If you have problems with any of the above issues, contact our casework team and explain your problem. In most cases, we will at least be able to provide some advice or tell you whom to contact for further help.

Contact Us

If you think that we can help you or your family, or if you are interested in finding out more about our services, please fill out the form below and return it to us. By signing at the bottom of this form you are giving us your authorisation to discuss your case with the family members whose contact details you have given.

Annex:

• Prisoner’s Abroad Authorisation Form
• Prisoner’s Abroad Family Contact Form

Prisoners Abroad, 89-93 Fonthill Road, London N4 3JH, United Kingdom
Tel. 020 7561 6820
Fax. 020 7561 6821
Email: info@prisonersabroad.org.uk
Website: www.prisonersabroad.org.uk

Korean laws and statutes online

The KLRI (Korea Legislation Research Institute) offers translated versions of Korean laws and statutes online.

Your friends or family can search Korean laws/statutes using this KLRI link: https://elaw.klri.re.kr/eng_service/main.do

Sample Search of The Korean Criminal Act (형법):

Disclaimer

This booklet was compiled by the Consular Section of the British Embassy Seoul. It is revised on a regular basis.

If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British Embassy Seoul is not accountable for the information provided in this booklet. Local laws/proceedings are subject to change at any time. Thank you.