"Unfair Pre-Indictment Hearing"... Post Criticism by Former Prosecutor Judge

[Asia Economy Reporter Yoo Hyun-seok] A sitting judge has expressed criticism of the Supreme Court's proposed amendment to the Criminal Procedure Rules, which would allow judges to summon investigative agencies or related persons for a 'face-to-face hearing' before issuing a search and seizure warrant.

On the 14th, according to the legal community, Judge Guk Yang-geun (Judicial Research and Training Institute Class 41) of the Bucheon Branch of Incheon District Court recently posted on the court's internal bulletin board that "the amendment not only raises doubts about its effectiveness but also disregards the essence of investigations, such as promptness and confidentiality, raising significant concerns that it could facilitate the destruction of evidence by investigation subjects," and requested "a reconsideration of the amendment."

He pointed out, "It is obvious that if the investigation subject becomes aware of the start of the investigation, they will attempt to destroy related evidence, so the request and issuance of search and seizure warrants must be carried out without the subject's knowledge," and questioned, "If the person who knows the related information is notified of the warrant request, can the confidentiality of the investigation be maintained?"

He also emphasized that the court summoning whistleblowers or persons around the suspect for interrogation does not help the investigation, explaining that there is a risk of personal information or investigation details being leaked.

Regarding the amendment that requires the warrant application to specify 'search terms to be used for analysis' and 'search target period' when seizing 'electronic information' stored on computers or mobile phones, Judge Guk criticized it, saying, "It excessively restricts evidence collection activities and may undermine the nation's crime response capabilities."

This is the first time a frontline judge has expressed opposition to the Supreme Court's proposed amendment to the Criminal Procedure Rules, which was announced for public comment earlier this month. A Supreme Court official explained, "It is common for judges to express opinions on institutional reform issues."

Judge Guk began his legal career in 2012 as a prosecutor at the Suncheon Branch of Gwangju District Prosecutors' Office. He worked as a prosecutor until 2021 before transferring to become a judge.