Jo Hee-dae "Positive Review of Prior Interrogation for Search Warrants"... Prosecution Conflict Anticipated

Supreme Court Chief Justice Nominee: "Search and Seizure Issues Raised... Foreign Countries Already Implement Such Systems"
Nominee Cho Reviews 'Control Measures' for Forced Investigations... Prosecution States "Will Provide Necessary Opinions"

Cho Hee-dae, the nominee for Chief Justice of the Supreme Court, has stated that he would positively consider the ‘pre-examination system for search warrants’ that former Chief Justice Kim Myung-soo was promoting, making conflict with the prosecution inevitable.

Cho Hee-dae, the nominee for Chief Justice of the Supreme Court, is delivering opening remarks at the confirmation hearing held at the National Assembly on the 5th. Photo by Hyunmin Kim kimhyun81@

At the parliamentary confirmation hearing held on the 5th, Cho responded to a question from an opposition lawmaker criticizing the prosecution’s indiscriminate search and seizure by saying, "Recently, the issue of search and seizure has become very prominent, and since this system is already being implemented abroad, I will positively consider it."

In response to Rep. Seo Young-kyo of the Democratic Party of Korea’s remark that "when the prosecution requests a search warrant, the court issues it like a vending machine," Cho said, "Currently, several procedures are being followed," and added, "I understand that additional procedures are still being implemented, and once all those procedures are completed, I plan to review the content and discuss it at the Supreme Court justices’ meeting."

The Court Administration Office announced in March this year that it would introduce a pre-examination system for search warrants, which did not exist before, starting June 1, through a partial amendment to the Criminal Procedure Rules. However, when investigative agencies such as the prosecution and police strongly opposed it, citing concerns about the confidentiality and promptness of investigations, the Court Administration Office stepped back, postponed the implementation, and held meetings to gather opinions.

Former Chief Justice Kim did not put the pre-examination system for search warrants on the agenda at the last Supreme Court justices’ meeting during his term and retired. The pre-examination system for search warrants was a key policy that Kim actively pushed before his retirement. Although it was widely expected that it would be difficult for a successor to take over and proceed with a matter that the predecessor had started discussing and even announced for legislation but then stalled, Cho’s expression of positive consideration is expected to accelerate discussions on the pre-examination system for search warrants.

The Ministry of Justice and the prosecution still oppose the court’s push to introduce the pre-examination system for search warrants. They argue that amending the Criminal Procedure Rules without revising the Criminal Procedure Act poses a legal system problem. It is known that the Court Administration Office is currently reviewing whether it is appropriate to amend the pre-examination system for search warrants through rules or through legislation.

Additionally, Cho expressed a positive stance on the ‘conditional detention warrant system.’ The conditional detention warrant system issues a warrant to a suspect but releases them under conditions such as residence restrictions, detaining them only if they violate those conditions. Both the pre-examination system for search warrants and the conditional detention warrant system are ways for the court to control the prosecution’s compulsory investigations.

Regarding the introduction of the conditional detention warrant system, Cho said, "I think it is necessary to positively consider it," but also expressed concern that "if the system is established, it might operate in a way that only the wealthy or powerful benefit."

The prosecution stated that since these remarks were made at the confirmation hearing stage and only indicated a willingness to positively consider the necessity of the pre-examination system for search warrants, they will provide their opinions during the subsequent discussion process.

A senior official from the Supreme Prosecutors’ Office said, "There has been no significant discussion since the legislative notice in the first half of this year," adding, "We have already conveyed concerns about the system, so it would be appropriate to discuss them after the nominee assumes office. While the pre-examination system for search warrants has advantages, there are clearly disadvantages as well, so we will provide opinions according to the necessary procedures."