Got an Immigration Summons in Korea? Your Rights and How to Prepare for the Interview

Getting a summons from an immigration office by mail or text makes anyone nervous. "What did I do wrong?" "Will I be held if I go?" But summonses and interviews follow procedures set by law, and foreigners have rights within them. This guide covers what to know at the investigation stage, centered on Articles 47 to 50 of the Immigration Act.

Key points

• Immigration officers may investigate a foreigner suspected of falling under a ground in Article 46(1), the deportation grounds (Article 47).
• When needed, they may summon and question suspects or witnesses, and the summons states the purpose, date and place (Articles 48 and 49, Enforcement Decree Article 58).
• Statements are written in a record, which must be read to you or made available to you, and you must be asked about errors. You may ask to add, delete or change content (Article 48(3) and (4)).
• If you do not understand Korean, an interpreter must interpret (Article 48(6)).
• A suspect interrogation record is treated as a suspect interrogation record under the Criminal Procedure Act (Article 102(4)), so read it carefully.

1. How is a summons issued?

An immigration officer may summon a suspect and question them where needed for the investigation (Article 48(1)). Witnesses can also be summoned and their statements taken, in the same way (Article 49).

Enforcement Decree Article 58(1) requires officers to issue a summons stating the purpose, date and place of attendance. In urgent cases the summons can be oral (paragraph 2). As a rule the office head's approval is obtained beforehand (Enforcement Rule, Article 55). When you receive a summons, first check who is asking you to appear, for what purpose, when and where.

2. How does the interview proceed?

Article 48 sets out the procedure in detail.

• Another immigration officer must take part in the questioning (paragraph 2).
• The suspect's statement must be written in a record (paragraph 3).
• The record must be read to the suspect or made available to read, and the suspect must be asked about errors; if the suspect asks to add, delete or change something, that statement must be entered (paragraph 4).
• The record is stamped across pages and signed or sealed; if the suspect cannot or refuses, that fact is entered (paragraph 5).
• A statement from a person who does not understand Korean must be interpreted, and persons with hearing or speech impairments can be questioned in writing (paragraph 6).
• Non-Korean writing or symbols in a statement must be translated (paragraph 7).

Officers may also inspect a residence or item, or ask for documents or items, only with the suspect's consent (Article 50). They cannot simply search without consent.

3. Why does the record matter?

Articles 47 to 50 apply to investigations of immigration offenders, and a suspect interrogation record is treated as a suspect interrogation record under Article 244 of the Criminal Procedure Act (Article 102(4)). That means the record can form the basis for later decisions such as a notified fine, a complaint or deportation review. Before signing, check:

1. Whether dates, places, numbers and amounts match what you said
2. Whether anything you did not say is written, or something you said is missing
3. Whether any sentence accepts a phrase you did not understand

Remember that you can ask to add, delete or change content (Article 48(4)).

4. How is this different from an on-site check or visit?

Immigration officers may visit foreigners, employers, representatives of workplaces and people who accommodate foreigners to ask questions or request documents in order to check lawful stay (Article 81(1)). They may also ask a person to stop and question them when, judging reasonably from behavior and surroundings, there are reasonable grounds to suspect a violation (paragraph 3).

A person who is asked questions or for materials must not refuse without proper reason (Article 81(4)), and refusing or evading a request for books or materials can bring an administrative fine of up to KRW 1 million (as of October 2026, Article 100(2), item 3). An on-site question and an investigation under a summons are different stages, so respond according to which one you face.

5. What to prepare before attending

1. Confirm the summons. Note the date, place, department and purpose.
2. Organize the facts. Make a timeline of entry date, status and period, workplaces and dates, and moving dates.
3. Bring evidence. Passport, registration card, contracts, pay records, lease and other documents that support the facts.
4. Decide whether you need an interpreter. If Korean is not comfortable, say so in advance.
5. Say what you do not know, and be exact about what you do. Avoid stating uncertain memories as fact.
6. Read the record to the end. Sign only after checking.

6. What happens after the interview?

If the investigation confirms the offense, the office head may notify a penalty fine equivalent to a criminal fine (Article 102(1)). You must pay within 15 days of receiving the notice (Article 105(1)), and once paid, you cannot be punished again for the same case (Article 106). If the offense warrants imprisonment or more, a complaint is filed immediately (Article 102(3)). Separately, if a deportation ground is found, the matter can proceed to deportation procedures. For what to do when you get a notice, see our guide on responding to a fine notice.

7. What an administrative scrivener can do

We review the summons, organize the facts and evidence, draft and submit written statements, opinions and letters of reflection explaining how the matter arose, and translate foreign-language documents. Our letter of reflection guide covers drafting tips. Criminal investigation and trial defense is outside the scope of an administrative scrivener and we do not handle it.

If you received a summons, first confirm the schedule on it, then organize the documents you need and what you will explain.