Can Korean Regulators Require Employees to Attend Interviews?

Short Answer

Yes, potentially. However, whether attendance is mandatory, whether you may have legal counsel present, and what happens if you decline depend largely on which authority is conducting the investigation and which legal procedure applies.

A request from the Korea Fair Trade Commission (KFTC) or another regulatory authority is different from questioning by Korean prosecutors or police in a criminal investigation. Companies should identify the legal basis for the interview before deciding how to respond.

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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:

• Administrative investigations may involve requests for explanations, interviews, or statements by regulatory authorities.
• Criminal investigations may involve questioning by prosecutors or police as part of a criminal investigation.

The applicable procedure determines the company's obligations, the employee's rights, and the potential consequences of non-compliance.

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Can Companies Be Required to Attend Interviews?

Yes.

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

Whether attendance is legally required—and the consequences of failing to appear—depends on the governing statute and the authority conducting the investigation.

Companies should carefully review the official request before responding.

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Can Individual Employees Be Interviewed?

Yes.

Authorities may request interviews with employees who possess relevant information.

Companies should distinguish between:

• employees speaking on behalf of the company, and
• employees being interviewed in their individual capacity, particularly in a criminal investigation.

The applicable legal rights and obligations may differ significantly.

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Can Lawyers Attend the Interview?

Often, yes.

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

In administrative investigations, whether lawyers may attend depends on the applicable law, agency rules, and the investigating authority's procedures.

If the interview involves significant legal, regulatory, or criminal issues, companies should consider consulting legal counsel in advance.

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Should Employees Answer Every Question Immediately?

Not necessarily.

Employees should provide truthful information, but they should avoid:

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

If additional verification is needed, it is generally appropriate to explain that the relevant facts will be confirmed before providing a complete response.

In criminal investigations, individuals may also have procedural rights regarding questioning, depending on their legal status.

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How Should Companies Prepare for an Interview?

Before attending an interview, companies should:

• Identify the investigating authority
• Confirm the legal basis for the interview request
• Determine whether the interview concerns the company or an individual employee
• Review relevant documents and records
• Coordinate internally with management and legal personnel
• Consider obtaining legal advice before the interview

Proper preparation helps reduce the risk of inaccurate, inconsistent, or incomplete statements.

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Practical Considerations

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

• Which authority is requesting the interview
• Whether the interview is part of an administrative or criminal investigation
• Whether the request is directed to the company or to an individual employee
• What legal document supports the request (such as a written interview request or official notice)
• Whether legal representation should be arranged before the interview

These issues often determine the appropriate response strategy.

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Conclusion

Interview requests from Korean authorities should not all be treated the same.

The appropriate response depends on which authority is conducting the investigation, which legal procedure applies, and whether the interview concerns the company or an individual employee. Identifying those issues at the outset allows companies to respond appropriately while protecting their legal interests.

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