Park Gyuntaek "Search Warrant Issuance Rate 99%... System's Significance Fades"

"Careful Review Needed to Ensure No Violation of Citizens' Fundamental Rights"

Democratic Party of Korea lawmaker Park Gyuntaek (National Assembly Legislation and Judiciary Committee) is questioning at the Supreme Court audit held at the National Assembly on the 7th.
[Photo by Park Gyuntaek's office]

Park Gyuntaek, a member of the Democratic Party of Korea representing Gwangsan Gap, Gwangju, pointed out the indiscriminate issuance of warrants by the courts during the Supreme Court audit held at the National Assembly on the 7th.

Park said, “According to statistics on search and seizure warrants issued by the courts over the past five years, 91% were granted as requested by the prosecution,” adding, “If we include those warrants partially granted, the courts have issued 99% of the warrants requested by prosecutors, which nullifies the very purpose of the warrant system.”

According to audit data submitted to Park by the Supreme Court, 457,160 warrants were requested last year, with 90.8% of them being issued. Including the 37,213 cases (8.1%) where warrants were partially granted, a total of 452,186 warrants were issued, reaching 98.9%.

Since 2018, there has been almost no change in these statistical figures up to the present year, leading to criticism that “the courts may be indiscriminately issuing warrants.”

Park suggested improvements, stating, “Before blaming the current written review system, the courts should carefully review warrants to ensure that the basic human rights of the people are not violated,” and added, “To address the blind spots of the current warrant system, which reviews only documents prepared by the prosecution, multifaceted efforts such as considering the introduction of a substantive review system should follow.”

Park also emphasized, “Allowing the prosecution to obtain search and seizure warrants for lawyers’ offices, homes, and cars while trials are ongoing seriously undermines the principle of equality of arms,” and stressed, “The Supreme Court must take the lead to ensure the right to a fair trial and the right to legal counsel are protected.”

In response, Cheon Daeyeop, Director of the Court Administration Office, said, “I agree with Representative Park Gyuntaek’s criticism, especially regarding electronic information searches and seizures, which involve the grave issue of all personal privacy falling under state power,” and added, “The Supreme Court will maintain a policy of strictly issuing and interpreting warrants through a series of precedents.”