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Policy Insight Team

[Daeryun Newsletter] Former Lawmaker Acquitted of Bribery: Was 'Fruit of the Poisonous Tree' the Reason?

Related AreasViolation of the Political Funds Act · Bribery · Civil/Criminal Litigation Evidence · Digital Forensics

2025.Dec

Dec.2025
[Daeryun Newsletter] Is the Reason a Former National Assembly Member Was Acquitted of Bribery the
DAERYUN NEWSLETTER VOL.21

[Daeryun Newsletter] Is the Reason a Former National Assembly Member Was Acquitted of Bribery the 'Fruit of the Poisonous Tree'?

Not guilty even with evidence and a confession! What is the 'fruit of the poisonous tree' doctrine?

Recently, the courts have once again emphasized the "exclusionary rule for illegally obtained evidence," which holds that evidence gathered without following due process has no legal effect. Both the acquittal in former lawmaker Noh Woong-rae's bribery case and the acquittal of a defendant who had confessed to drunk driving are instances in which the courts strictly applied this exclusionary rule. The courts rigorously applied the "fruit of the poisonous tree doctrine," which excludes not only the primary evidence but also all secondary evidence derived from it. Rulings that adhere to this principle prevent abuse of authority by investigative agencies and protect citizens' fundamental rights, and can be seen as an essential value that goes beyond mere formal requirements. We compare two cases that, though involving different charges, resulted in acquittal under the same principle.

NOTABLE CASES
Daeryun Does It
A Case Securing a Non-Prosecution Decision of 'No Right to Prosecute' by Contesting Joint Perpetration Despite Charges of Joint Assault
Employer Reported for Wrongful Dismissal Has the Remedy Application Dismissed by Proving the Absence of a Motive to Dismiss
Fraud Lawsuit Arising During a Real Estate Development Project, Acquitted of Charges Including Fraud and Forgery of Private Documents
Client Who Provided Account Information After Being Deceived by a Loan Text Message and Was Charged with Violating the Electronic Financial Transactions Act: Case Not Referred to Prosecutors
Despite a Blood Alcohol Level of 0.03% or Higher, the DUI Case Was Closed at the Police Stage with No Charges
Accused of "Violating Quasi-Investment Advisory Business Rules" for Providing Investment Information on a Platform: Capital Markets Act Case Not Referred to Prosecutors
INSIGTHS

Daeryun in the Press

Kyeonggi Ilbo and others

Daeryun Unveils “MY Daeryun,” a Customized Integrated Legal Platform
Customized Integrated Legal Platform “MY Daeryun” Unveiled

Daeryun has officially launched "MY Daeryun," a dedicated app that provides one-stop mobile services such as consultation booking, real-time case-status lookup, and document submission. As a client-centered service, it consolidates fragmented communication channels and provides AI-based tailored attorney recommendations and legal content, laying the groundwork to enhance the transparency of case progress and client convenience.

Korea Economic TV and others

Daeryun launches the Future Family Business Succession Center, 'offering cross-border succession solutions'
Daeryun launches the Future Family Business Succession Center, 'offering cross-border succession solutions'

To respond to complex asset-transfer and tax environments, Daeryun has launched the "Future Family-Business Succession Center," composed of attorneys, certified public accountants, and certified tax accountants. The center provides a one-stop total solution encompassing will and trust design, governance restructuring, inheritance- and gift-tax savings, and even overseas-asset succession, offering tailored strategies for corporate continuity and the stable transfer of wealth.

Seoul Shinmun and others

Daeryun Launches Free Support for Victims of 'Bad Law Firms' Suffering from Unfair Legal Fees and More
Free support launched for victims of 'bad law firms' suffering from unfair fees and more

Daeryun has launched a free relief service for consumers who have been harmed by false or exaggerated advertising or poor handling of their cases. For clients harmed by disreputable law firms—through tactics such as cutting off contact after taking on a case secured via false advertising, refusing a rightful refund after contract termination, or advertising sham connections to former officials—it provides free support for refund and damages claims. Applications for relief can be made through its website.

Lawleader

[Solution] Targeting 'LH, Prestigious School Districts, and Tax Evasion'... Punishment for Fraudulent Resident Registration and How to Deal with It
Targeting 'LH, elite school districts, and tax evasion'—penalties for false residence registration and how to handle them

Fraudulent registration of residence, once used for school-district purposes, has recently transformed into a serious crime aimed at economic gain such as fraudulent real-estate subscription applications and tax evasion, and the number of detected cases has surged. As one of the violations under the Resident Registration Act, the key criterion for punishing fraudulent residence registration is whether there was an illicit purpose. Real-estate specialist attorney Kang Dae-hee answered questions about the punishment for, and how to respond to, fraudulent residence registration.

Daeryun Law LLC newsletters are provided to deliver general legal information to clients quickly and accurately. The content herein does not represent the official views of Daeryun Law LLC, nor does it constitute legally binding legal advice on specific matters. For specific inquiries, please consult with the attorneys and specialists at Daeryun Law LLC.

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