Supreme Court chief justice Lee Yong Hun has reportedly told the chief judges at courts around the country to exercise discretion when issuing search warrants on private company offices. Since it was just recently that Lee said he would see to it that corporate crime is given proper punishment, it would appear he wants to be strict about crime but protect people from unjust treatment. This is a positive development in that it seeks to avoid infringements on basic rights and comes in the same context as the move to investigate suspects without keeping them in detention to the greatest degree possible.
Searches are supposed to be permitted only within the scope of what is required for an investigation. In reality, however, there is a deep-rooted practice of over-inclusive searches for, for example, "all documents and articles related to criminal activity." The authorities cast a net so wide it makes a clean sweep that includes personal documents and articles completely unrelated to what is being investigated. It is clearly overzealousness to be violating personal privacy and property rights that have nothing to do with criminal activity. There are of course going to be times when the nature of an investigation makes it unavoidable, but it goes too far if it completely paralyzes the everyday ability of individuals' or companies' to continue in their work.
Excessive searches are largely the result of lazy investigative practices that include arresting people on charges unrelated to those initially under investigation. The authorities will arrest someone suspected of falsifying accounting records on charges of fraud, and when that is the approach they use evidence found during a search that had nothing to do with the stated charges. They say it is necessary in order to hold the accused, but it is clearly a shortcut. Many countries will not recognize evidence acquired through such methods. It is time to end the practice of holding someone then figuring out what to do next.
Searches and bank account traces are mostly used in investigating corruption. Legitimate corporate activity must not be made to suffer because courts issue warrants indiscriminately, but on the other hand it is even more important that the ability to engage in investigations is not hurt either. Investigating corporate crime requires relatively comprehensive evidence and in such cases there is relatively higher possibility that evidence is going to be destroyed. There is no assurance that the change will, despite the good intentions, end up being an excuse for inadequate investigations. The courts and the prosecution need to create reasonable guidelines and practices for issuing and executing search warrants.
The Hankyoreh, 9 March 2006.
[Translations by Seoul Selection]
