Human Rights Commission: "Partial Display of Search Warrant During Execution Is Not Allowed"

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[Asia Economy Reporter Donghoon Jeong] The National Human Rights Commission has recommended that when the police execute a seizure warrant, the party subject to the search and seizure should be able to fully understand the contents of the warrant.

On the 22nd, the Human Rights Commission recommended to the Commissioner General of the National Police Agency to stipulate in the 'Criminal Investigation Regulations' the scope and method of presenting warrants during the execution of search and seizure.

Complainant A filed a complaint with the Human Rights Commission, stating that during a search and seizure of their residence, they were checking the seizure warrant, but a police officer took the warrant away, preventing them from reading it until the end.

In response, the respondent claimed that the complainant was handed the warrant directly and thoroughly reviewed it themselves, that sufficient time was given to read the warrant, but the complainant obstructed the execution by lying down and repeatedly reading the warrant, leading to the warrant being retrieved.

According to the Human Rights Commission's investigation, the complainant only had about one minute to review the warrant, and when the complainant tried to read the back page of the warrant, the respondent took the warrant away, saying, "It is enough to present and notify. It is not given to be read. Only the front part of the warrant needs to be shown. Only the list of seized items needs to be shown," and did not show the warrant any further.

Accordingly, the Human Rights Commission judged, "The 'presentation of the search and seizure warrant' is intended to inform that the search and seizure is being conducted under lawful authority to prevent unnecessary disputes, and to ensure that the search and seizure is conducted according to the methods specified in the warrant, thereby preventing arbitrary execution of warrants by investigative agencies. Therefore, such presentation alone does not allow the party subject to the search and seizure to sufficiently confirm the purpose and contents of the search and seizure."

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