The Corruption Investigation Office files a rehearing against the court's decision to cancel the search of Kim Woong... Supreme Court bound

Kim Woong, Member of the People Power Party / Photo by Dongju Yoon doso7@

[Asia Economy Reporter Kim Daehyun] The High-ranking Officials' Crime Investigation Unit (HCIC) has filed an appeal against the court's decision to cancel the search and seizure conducted on the office of Kim Woong, a member of the People Power Party, in connection with the 'accusation instigation' allegations.

According to the court on the 3rd, the HCIC submitted the appeal petition to Judge Kim Channyeon of the Criminal Division 31 of the Seoul Central District Court the day before. The appeal will be reviewed by the Supreme Court.

Previously, Judge Kim accepted the quasi-appeal filed by Representative Kim, who opposed the search and seizure. A quasi-appeal is an objection raised against a judge's ruling or a prosecutor's disposition, and if accepted, the HCIC must obtain a new warrant.

The search and seizure in this case took place on September 10 and 13. On the 10th, when the first search and seizure occurred, Representative Kim filed the quasi-appeal, claiming that the HCIC prosecutor only showed the cover page to his aide and did not guarantee his right to participate.

Judge Kim ruled, "Substantively, the searches on September 10 and 13 are part of a single continuous disposition and cannot be regarded as separate individual actions," and added, "The HCIC did not present the warrant to other staff members of the representative's office besides one aide, searched documents they kept, and did not guarantee the participation rights of the quasi-appellant (Representative Kim)."

He further pointed out, "Regarding the computer (PC) used or believed to be used and managed by the aide, the search exceeded the scope necessary to determine whether it was an object to be seized and immediately searched for information related to the criminal charges, thereby violating procedures."

Judge Kim also stated, "Since the HCIC did not actually seize any items as a result of the search and seizure, even if the disposition is canceled, there is no legal outcome that would benefit the quasi-appellant," but emphasized, "It is necessary to secure procedural legality such as the warrant principle in the evidence collection process by investigative agencies and to further emphasize the protection of citizens' fundamental rights."

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