Ministry of Justice Submits Opposition to 'Pre-Examination of Search and Seizure Warrants'

The Ministry of Justice has submitted an opposing opinion to the Supreme Court regarding the 'Pre-hearing System for Search and Seizure Warrants' being promoted by the courts.

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On the 14th, the Ministry of Justice sent a statement of opposition to the Court Administration Office concerning the proposed amendments to the Criminal Procedure Rules announced by the Supreme Court for legislative notice.

The Ministry of Justice included concerns from frontline prosecutors in the statement regarding the amendment proposals, such as the face-to-face hearing system for search and seizure warrants by judges, restrictions on the execution methods for electronic information search and seizure, and the expansion of participation rights in search and seizure. Previously, the prosecution, police, and the Corruption Investigation Office for High-ranking Officials (CIO) also expressed opposition to the face-to-face hearing system for search and seizure warrants.

On the 3rd of last month, the Court Administration Office announced legislative notice for the 'Partial Amendment Rules of the Criminal Procedure Rules,' introducing a pre-hearing system by establishing new provisions such as Article 58-2 (Hearing of Search and Seizure), which did not exist before. Additionally, the Court Administration Office added subparagraph 2-2 to paragraph 1 of Article 107 (Matters to be Stated in the Application for Search, Seizure, and Verification Warrants), requiring that the application for search and seizure warrants related to electronic information such as mobile phones include the 'search terms' to be used for analysis.

Investigative agencies such as the prosecution stated that they cannot guarantee the confidentiality of investigations, and that limiting search methods such as search terms when issuing search and seizure warrants for electronic information would make criminal investigations more difficult.

In response, the Court Administration Office stated that it will review various opinions, including limiting the face-to-face hearing subjects to investigative agencies, and proceed with revisions. The Court Administration Office plans to receive opinions on the amended rules until the 14th of this month and implement the revised rules from June 1st; however, if revisions are made, the implementation date may be adjusted.