We are taking about a situation where a foreigner is accused of any crime in Korea but he has already left Korea for any reason. Some might come back to Korea to defend himself or some might just ignore it. However, just ignoring can’t free you from the potential legal risk. You won’t be allowed to enter into Korea and could be arrested at the border. Recently, Korean Police is very active in requesting the INTERPOL to issue a red notice in order to have law enforcement worldwide locate and provisionally arrest the suspect.
Then can a foreign suspect resolve a pending criminal investigation case while staying abroad? The answer is yes, but in a very exceptional case. The Korean prosecutors are having a strict position that all suspects must appear at the face-to-face interrogation with the investigating authority. If the suspect refuses to do so or the Korean prosecutor can’t locate the suspect, the prosecutor suspends the investigation and asks the court to issue an arrest warrant. This warrant is noticed to the Korean immigration office. As a result, the suspect could be arrested when s/he passes the Korean border. Being abroad are usually insufficient as a just excuse.
There are, however, certain exceptions where the criminal case can be resolved without the suspect’s personal appearance: (more…)