Supreme Court Rules Search and Seizure of MBC Reporter Was Procedurally Unlawful

The Supreme Court has ruled that there were serious procedural violations in the search and seizure of an MBC reporter. A search and seizure is a procedure in which a court forcibly searches a home, office, or other premises to find evidence, and the Court found that failing to guarantee the party's right to be present at the search scene violated the Criminal Procedure Act, sending the case back to the Seoul Central District Court.

The case dates back to May 2023. Police searched the MBC Newsroom and the home of a staff reporter during an investigation into suspicions that former Justice Minister Han Dong-hoon's personal information had been leaked. Without notifying the party or their attorney, police analyzed a copy of a laptop and recovered deleted photos and messenger conversations. The subject of the search and seizure was not given the opportunity to take part in the procedure and raise objections.

This ruling confirms that when law enforcement agencies conduct searches and seizures targeting media outlets and reporters, they must comply with the procedures set out in the Criminal Procedure Act.