The Special Investigation Unit of the National Police Agency, investigating the 12·3 Emergency Martial Law incident, attempted to conduct a search and seizure at the Presidential Security Service on the 17th, but the Security Service did not allow entry, resulting in a failure to secure server data related to the confidential phone.
The Special Investigation Unit stated in a press release that day, "The Security Service informed us that they would review whether to cooperate with the search and seizure and notify us tomorrow."
At around 10:20 a.m. that day, the Special Investigation Unit sent investigators to the Yongsan Presidential Office building but withdrew around 6 p.m. after nearly eight hours of standoff. The Security Service remains inside the building.
The search warrant was issued to secure communication records from Police Chief Jo Ji-ho's 'confidential phone' stored on the Security Service's server.
On the day of martial law, Chief Jo made six calls to President Yoon Seok-yeol using the confidential phone. The confidential phone is issued and managed by the Security Service. It is a secure mobile phone equipped with programs to prevent interception, wiretapping, and call recording, and the related server data is considered a key clue in the investigation.
The Security Service is reportedly refusing entry to the building citing official and military secrets. Under the Criminal Procedure Act, search or seizure cannot be conducted at the location without the consent of the person in charge.
The Joint Investigation Headquarters (Gongjo Headquarters) also attempted to conduct search and seizure at the Yongsan Presidential Office and the Joint Chiefs of Staff on the 11th, but the Security Service blocked entry for the same reason. At that time, the Gongjo Headquarters received only some materials voluntarily submitted.
So far, the Security Service has denied investigative agencies entry into the Blue House and Presidential Office premises based on the restrictions on search and seizure under the Criminal Procedure Act. This is based on Article 110, which states that places requiring military secrets cannot be searched or seized without the consent of the person in charge, and Article 111, which states that official secrets related to public officials' duties cannot be seized without the consent of the affiliated office or supervisory agency.
Accordingly, during the Blue House era, investigative agencies conducted search and seizure by presenting search warrants at accessible entrances such as the Yeonpungmun Gate, where outsiders could enter, and receiving voluntarily submitted materials within the scope permitted by the warrant, without entering the premises.
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