Supreme Court Order 2019Mo2584 Dated July 14, 2022 【Reappeal Against an Order to Invoke a Quasi-Appeal】

【Main Issues and Holdings】
[1] Preventive and retroactive measures to regulate the execution of search and seizure warrants by the investigative agency
[2] Details of the measures to be taken by the investigative agency when executing search and seizure warrants
[3] Allocation of the burden of proof with regard to the existence of exceptional circumstances during the search and seizure of a storage medium, whereby the investigative agency was allowed to take a storage medium on which electronic information is stored or its copy to the office of investigative agency and to copy, explore, and print electronic information (held: investigative agency that executes the warrant) and, under the premise that the existence of exceptional circumstances has been proven, whether the search and seizure is lawful in a case where lawful measures to guarantee the right of participation to the suspect, etc., and to prevent arbitrary reproduction of electronic information irrelevant to facts underlying criminal suspicions were not taken (negative in principle)