Supreme Court Rules Search and Seizure at No Woong-rae's Residence Was Illegal
"Cash in Envelopes Not Included in Original Warrant"
Prosecution's Additional Warrant and Double Search Deemed Unlawful
The Supreme Court has ruled that there was illegality in the prosecution's search and seizure process while investigating former Democratic Party lawmaker No Woong-rae on bribery charges.
On the 18th, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) dismissed the prosecution's re-appeal regarding the execution of the search warrant against former lawmaker No.
On November 16 and 18, 2022, the prosecution conducted a search and seizure at No's residence and confiscated about 300 million won in cash. It is said that the cash was divided into envelopes at the time.
The search warrant issued by the court before the search and seizure (the first warrant) did not list "cash" as a target. Accordingly, the prosecution stored the cash envelopes found at No's residence in a separate box and then obtained an additional search warrant (the second warrant) targeting these items. This is why the search and seizure at No's residence were conducted twice.
No filed a quasi-appeal with the court, claiming that the prosecution's search and seizure was illegal. The Seoul Central District Court partially accepted the quasi-appeal in January, stating, "Strict interpretation of the warrant's wording means that the cash in the envelopes cannot be considered as the object of the search."
Meanwhile, No is currently undergoing a first trial after being indicted without detention in March 2023 on charges of receiving 60 million won from a businessman.
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