Kim Myung-soo Court to Decide on 'Pre-Review System for Search Warrants' at Supreme Court Meeting This Month

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Whether to implement the pre-examination system for search and seizure warrants, promoted by Chief Justice Kim Myung-soo, is expected to be decided at the last Supreme Court justices' meeting of Kim Myung-soo's court held this month.

Supreme Court in Seocho-dong, Seoul.

On the 7th, inside and outside the court, considering the schedule of the full bench of the Supreme Court, there is speculation that the de facto last regular justices' meeting presided over by Chief Justice Kim, who is set to retire on the 24th of next month, will likely be held on the 24th.

The justices' meetings are divided into regular and extraordinary meetings. Regular meetings are held once a month on a regular basis, while extraordinary meetings can be convened by the Chief Justice as needed. These meetings discuss and decide on matters related to the enactment and revision of Supreme Court rules, including the Criminal Procedure Rules.

The Court Administration Office has gathered opinions from investigative agencies such as the prosecution and police, as well as lawyer organizations, and prepared a compromise plan rather than the original draft of the pre-examination system for search and seizure warrants. Only the final decision remains after the justices' meeting.

Since Justices Kwon Young-jun and Seo Kyung-hwan, who took office last month, also expressed positive views on the pre-examination system for search and seizure warrants during their confirmation hearings, the system is highly likely to pass smoothly at the justices' meeting. Internal court reactions suggest that Chief Justice Kim is unlikely to pass the responsibility to his successor.

A presiding judge said, "I understand that only the decision of the justices remains," adding, "It is highly likely that this month's justices' meeting will be the last during Chief Justice Kim's term. After the meeting, the Criminal Procedure Rules will be revised in some form following a re-legislative notice."

The Court Administration Office announced in March this year a partial amendment to the Criminal Procedure Rules, introducing the previously non-existent pre-examination system for search and seizure warrants starting June 1. However, when investigative agencies such as the prosecution and police strongly opposed it, citing issues with the confidentiality and speed of investigations, the Court Administration Office stepped back, postponed implementation, and held meetings to gather opinions.

The Court Administration Office is likely to reissue the legislative notice after partially revising the pre-examination system for search and seizure warrants, including narrowing the scope of subjects to be examined to investigative agencies, addressing some of the concerns raised by these agencies. It is also expected that the amendment requiring the prior submission of 'search terms' to obtain search warrants for digital media such as smartphones, allowing only information containing those terms to be seized, will be revised.

However, the Court Administration Office reportedly plans to improve the current practice where investigative agencies list only the suspect's mobile phone on the search and seizure warrant, obtain it, and seize the entire phone for inspection.

Nevertheless, the Ministry of Justice and the prosecution still oppose the court's push to introduce the pre-examination system for search and seizure warrants. They argue that revising the Criminal Procedure Rules without amending the Criminal Procedure Act poses a problem in the legal system.

A senior prosecutor said, "I don't understand why they are suddenly trying to introduce the pre-examination system for search and seizure warrants with only about six months left in Chief Justice Kim's term, especially since the Criminal Procedure Rules were not revised at the beginning of his term," adding, "The intention to change such a significant part of the criminal justice system within a few months itself is suspicious."

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