The Corruption Investigation Office for High-Ranking Officials Reviews Re-Appeal of Court Decision to Cancel Search of Rep. Kim Woong's Office

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[Asia Economy Reporter Kim Hyung-min] The High-ranking Officials’ Crime Investigation Unit (HOCI) is expected to decide this week whether to file an appeal against the court’s ruling to cancel the search and seizure conducted at the office of Kim Woong, a member of the People Power Party, in connection with the 'accusation instigation' allegations.

According to the legal community on the 29th, HOCI is said to have received the court’s decision document and will soon decide whether to appeal to the Supreme Court after thoroughly reviewing the contents.

Previously, Judge Kim Chan-nyeon of the Seoul Central District Court Criminal Division 31 issued a ruling on the 26th to completely cancel HOCI’s search and seizure at Kim’s office. The search and seizure took place on September 10 and 13, and the court accepted the quasi-appeal filed by Kim on the 11th opposing the search and seizure. Kim filed the quasi-appeal arguing that on the 10th, when the first search and seizure occurred, the HOCI prosecutor only showed the cover page to his aide and did not guarantee Kim’s right to participate.

Judge Kim stated, “Substantively, the searches and seizures on September 10 and 13 are part of a continuous action and cannot be regarded as separate individual actions,” and judged that “HOCI searched documents held by other staff members of the lawmaker’s office without presenting warrants to them except for one aide, and did not guarantee the right to participate to the quasi-appellant (Kim).”

He added, “Regarding the aide’s computer (PC) that the quasi-appellant used or was presumed to use and manage, HOCI violated procedures by immediately searching for information related to the criminal charges beyond the extent necessary to determine whether the items should be seized.”

Judge Kim also noted, “Since HOCI did not actually seize any items as a result of the search and seizure, there is no legal outcome that would revert to the quasi-appellant even if the action is canceled,” but emphasized, “It is necessary to further stress procedural legality such as the warrant principle in the evidence collection process by investigative agencies and the protection of citizens’ fundamental rights.”

This content was produced with the assistance of AI translation services.