Can Korean Regulators Request Documents from Foreign Companies?

Short Answer

Yes, potentially. However, whether attendance is mandatory depends on which authority is conducting the investigation and what legal procedure is being used.

An interview request from the Korea Fair Trade Commission (KFTC), the Personal Information Protection Commission (PIPC), or another regulatory authority is different from questioning by Korean prosecutors or police in a criminal investigation. The legal basis, procedural rights, and consequences of non-compliance are not the same.

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Does Every Interview Request Have the Same Legal Effect?

No.

Government interviews in Korea arise under different legal frameworks.

For example:

• Regulatory investigations may involve requests for explanations, interviews, or statements as part of an administrative investigation.
• Criminal investigations may involve questioning by prosecutors or police under criminal procedure rules.

Understanding which procedure applies is the first step in determining how to respond.

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Can Companies Be Required to Attend Interviews?

Yes.

Regulatory authorities may require company representatives to attend interviews or provide explanations during an investigation.

The precise legal authority and the consequences of failing to attend depend on the applicable statute and the investigating authority.

Companies should therefore review the official request carefully before responding.

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Can Individual Employees Be Interviewed?

Yes.

In many investigations, authorities may request interviews with individual employees who possess relevant knowledge.

It is important to distinguish between:

• Interviews given on behalf of the company, and
• Interviews conducted with an employee in their personal capacity, particularly during a criminal investigation.

The employee's legal rights and obligations may differ depending on that status.

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Can Lawyers Attend the Interview?

Often, yes.

Whether legal counsel may attend depends on the type of investigation.

In criminal investigations, suspects generally have important procedural rights regarding legal representation during questioning.

In administrative investigations, the participation of lawyers or other representatives may depend on the governing statute, applicable regulations, and the investigating authority's procedures.

If the interview concerns significant legal or regulatory issues, companies should consider obtaining legal advice before the interview takes place.

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Should Employees Answer Every Question Immediately?

Not necessarily.

Employees should answer truthfully, but they should avoid:

• Guessing facts they do not know
• Speculating about company decisions
• Providing information outside their responsibilities
• Volunteering unnecessary information

If additional verification is needed, it is often appropriate to explain that the company will confirm the relevant facts before providing a complete response.

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Should the Interview Be Prepared in Advance?

Yes.

Before attending an interview, companies should:

• Identify the investigating authority
• Confirm the legal basis for the interview
• Determine whether attendance is requested from the company or an individual employee
• Review relevant documents and records
• Coordinate internally where appropriate
• Consult legal counsel if significant regulatory or criminal issues are involved

Proper preparation often reduces the risk of inaccurate or inconsistent statements.

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Practical Considerations

When an interview request is received, companies should first determine:

• Who is requesting the interview
• Why the interview is being conducted
• Whether the request is part of a regulatory or criminal investigation
• Whether the request is directed to the company or to an individual employee
• Whether legal representation should be arranged before the interview

These issues frequently determine the appropriate response strategy.

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Conclusion

Interview requests from Korean authorities should not be treated as routine administrative matters.

The company's response should depend on which authority is conducting the investigation, which legal procedure applies, and whether the interview concerns the company itself or an individual employee. Understanding these distinctions at the outset helps companies respond appropriately while protecting their legal interests.

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