Investigations and Sanctions 01Search and Seizure Response
Responding to a Search and Seizure
This is the procedure for when investigators arrive at a company office or server with a search and seizure warrant. It covers everything from issuance of the warrant and on-site execution to the return of seized items and how to challenge a seizure.For each step, it explains what the company should check and what it can do. The scope written in the warrant is the limit of the search and seizure.So checking the scope of the warrant is the starting point.
Which step are you at?
Select your current step and the content for that step will appear below.
- 1Application, request, and issuance of the warrant
- 2Presentation of the warrant / checking its particulars
- 3Exercising the right to participate / contacting counsel
- 4Execution of the seizure (selecting electronic information)
- 5Delivery and checking of the seizure list
- 6Request for return / provisional return of seized items
- 7Quasi-appeal (challenging the seizure disposition)
- 8Responding to interrogation of employees as suspects
Process flowchart
Click a box to see its explanation below.
- Basic step
- Additional action / option
- Rejection / objection
- End of procedure
Application, request, and issuance of the warrant
Basis: Criminal Procedure Act §215(2) · Criminal Procedure Act §215(1) (deleted by the amendment of 2026. 8. 4.)
When necessary for a criminal investigation, a judicial police officer may seize, search, or inspect, limited to things that can be recognized as related to the case where there are circumstances giving reason to suspect the suspect committed the crime, by a warrant issued by a district court judge upon the prosecutor's request following the officer's application to the prosecutor (§215(2)).The provision under which a prosecutor directly requested a warrant and carried out search and seizure (§215(1)) was deleted by the 2026-08-04 amendment, and the current version in force (effective 2026-10-02) also shows it as "deleted". There is no statutory deadline at this stage.
Next: Presentation of the warrant / checking its particularsExplanation
A search and seizure requires a warrant issued by the court. A judicial police officer applies to a prosecutor for a warrant, and the prosecutor requests it from a judge.The judge then weighs the need and issues it. The provision under which prosecutors carried out searches and seizures directly was deleted by the amendment of 2026. 8. 4.This amendment has been in force since 2026. 10. 2., so now only this one route remains. Designating a response person and a contact system in advance is good preparation.
- Time required
- The warrant is executed within the validity period stated on it; the time until investigation and indictment afterwards varies greatly by case
- Cost
- The Criminal Procedure Act has no provision for fees payable by the party subject to search and seizure; lawyer's fees are separate
Procedure guide
Read from start to finish in order. Red text marks deadlines set by law.
- 1
A search and seizure warrant is applied for by a judicial police officer to a prosecutor, requested by the prosecutor from a judge, and issued by the judge (Criminal Procedure Act §215(2)). The provision for direct search and seizure by prosecutors (§215(1)) was deleted by the 2026-08-04 amendment, and this is reflected in the current version in force (effective 2026-10-02). The Criminal Procedure Act provides that only 'items voluntarily submitted' may be seized without a warrant (§218), so the company can decide whether to comply with a request to hand over materials without a warrant. Once submitted, materials are treated as seized items, so decide the scope before submitting.
- 2
Investigators must present the warrant before execution (§118, §219). First check the offense, the items to be seized, the place to be searched, and the validity period stated on the warrant (§114). These particulars are the limits of the search and seizure. To continue holding items seized without a warrant at the scene of an arrest (§216(1) item 2) or after an emergency arrest (§217(1)), the prosecutor must request a warrant within 48 hours from the time of arrest, and if it is not issued, the items must be returned immediately (§217(2)(3)).
- 3
The company as suspect (or its employees) and defense counsel may take part in the execution (§121, §219), and the investigators must give advance notice of the date, time, and place. However, if a person has stated that they will not take part, or in urgent cases, execution may proceed without notice (§122). When executing in a building, the custodian or an equivalent person must be present (§123(2)), so a representative or designated person stays on site and contacts defense counsel immediately.
Current step - 4
For storage media such as servers and PCs, the rule is to print or copy only the information within the scope of the warrant, and the medium itself is seized only when that is impossible or significantly difficult (§106(3)). So watch the selection criteria and record your views so that materials outside the scope are not mixed in. In police investigations, participation is guaranteed even in the search and selection process after the media are taken away, and you receive advance notice of the date, time, and place of seizure carried out off site (Korean National Police Agency Rules on the Handling of Digital Evidence, etc. §16, §23).
- 5
When the seizure is over, receive the seizure list (§129) and compare it with the items and files actually taken. Request return or provisional return of seized items needed for business, and if the prosecutor refuses, request a decision from the court (§218-2). If you consider the seizure disposition itself unlawful, seek its cancellation or modification from the court by a quasi-appeal (§417). The statute sets no period for the request, so review it right after the seizure.
- 6
If employees are summoned as suspects after the search and seizure, on request defense counsel may take part in the suspect interrogation and object to improper interrogation methods (§243-2). Questions are based on the seized materials, so reviewing the seizure list in advance helps prepare answers.
Deadlines to keep from now
- 48 hours after arrest (warrant request when seized without a warrant)Step 2 Presentation of the warrant / checking its particulars
Preparation and checks
- Designate in advance the in-house person to contact in a search and seizure and counsel's contact details. Deciding in advance who does what on site reduces confusion.
- Check the warrant's offense, items to be seized, place to be searched, and validity period, and record them by photo or notes. They are the standard when disputing the scope.
- A representative or designated responsible person takes part on site and contacts counsel immediately. Taking part allows you to point out seizures outside the scope on the spot.
- Record the criteria for selecting electronic information and the files to be copied, and if media are taken whole, obtain the list. This becomes the basis for later return or a quasi-appeal.
- Compare the seizure list with the items actually seized, and ask for missing items to be corrected right away. The list is the standard for demanding return.
- Request return or provisional return (getting items back temporarily) of seized items needed for business. Items no longer needed for the investigation must be returned.
When you need a lawyer
In these cases you need a lawyer's help right away: when investigators have arrived at the company with a warrant, or when they say they will take servers or laptops whole.
The same applies when you need seized items needed for business returned, or when employees have been summoned as suspects.
In a search and seizure, it is important to make sure the scope of the warrant is respected on site. Defense counsel can take part in the execution, so contact counsel right away.
Current position (3/8)
Step 3 · Exercising the right to participate / contacting counsel
What to do now
The company as suspect (or its employees) and defense counsel have the right to take part at the scene of the search and seizure. So investigators must, as a rule, give advance notice of the date, time, and place of execution.
However, if there is an urgent need, they may come without warning. When executing in a building such as an office, the custodian (the person who manages the building) must be present.
So a representative or designated person stays on site and contacts defense counsel right away. If you state that you will not take part, it may proceed without notice, so make clear that you intend to take part.
- A representative or designated responsible person takes part on site and contacts counsel immediately. Taking part allows you to point out seizures outside the scope on the spot.
What comes next
Step 4 · Execution of the seizure (selecting electronic information)
As a rule, storage media such as servers, computers, and mobile phones are not taken whole. Only information within the scope stated in the warrant is selected and printed or copied.
The medium itself may be taken only when selecting the scope is impossible or extremely difficult. So on site, watch what criteria are used to select information and record your views so that materials outside the scope are not mixed in.
In a police investigation, the National Police Agency rules guarantee the participation of the company and counsel throughout the entire process of seizing electronic information.
So you can demand to take part not only in on-site selection but also in later search and selection carried out outside the office.
Deadlines to keep from now
There are no statutory deadlines in later steps.
When to involve a lawyer
In these cases you need a lawyer's help right away: when investigators have arrived at the company with a warrant, or when they say they will take servers or laptops whole.
The same applies when you need seized items needed for business returned, or when employees have been summoned as suspects.
In a search and seizure, it is important to make sure the scope of the warrant is respected on site. Defense counsel can take part in the execution, so contact counsel right away.
Frequently asked questions
Practical questions that come up right away in this procedure.
- QAn investigator is asking for materials without a warrant. Do we have to hand them over?
- A request to hand over materials without a warrant is a request for voluntary submission (handing them over of your own accord). The law provides that only 'items voluntarily submitted' may be seized without a warrant.So the company can decide whether to comply. However, once submitted, those materials can be used as evidence just like seized items.So it is safer to decide with a lawyer whether to submit and, if so, how much, before responding. There are also exceptions where items can be seized without a warrant, such as at the scene of an arrest, so first check the situation.
- QCan we ask them to wait for our lawyer to arrive before the search and seizure?
- The company and its defense counsel have the right to take part in the execution. So you can say that counsel is arriving soon and ask them to wait.However, the Criminal Procedure Act has no rule requiring execution to be postponed until counsel arrives. In urgent cases, it may even be executed without prior notice.So even while waiting for counsel, a responsible person takes part on site and records the scope of the warrant and the items being seized.
- QIf they take the entire server, we cannot work. What can we do?
- For storage media, the rule is to select and print or copy only the information within the scope of the warrant. Seizing the medium itself is allowed only when that is impossible or significantly difficult.So explain on site that selective copying is possible and keep a record. If they have already taken it, you can secure copies and then request return or provisional return (getting seized items back). If the prosecutor refuses, request a decision from the court.
- QHow do we challenge a seizure that went beyond the scope of the warrant?
- File a quasi-appeal (a challenge to a seizure disposition) with the court to request cancellation or modification of the seizure disposition. It is submitted in writing to the competent court, and the statute sets no deadline for the request.Even without a deadline, review and file it right after the seizure. Submit the seizure list and on-site records together, as they are the basis for showing that the seizure went beyond the scope.
- QIf employees are summoned after the search and seizure, can a lawyer go in with them?
- Yes. If the suspect or defense counsel requests it, the investigators must allow counsel to take part in the interrogation unless there is a justifiable reason not to.Counsel can object to improper interrogation methods. Since the questions are based on the seized materials, reviewing the seizure list together before questioning reduces inconsistent answers.
When you need a lawyer
- A warrant is issued in this order: application by a judicial police officer, request by a prosecutor, issuance by a judge. The provision for direct search and seizure by prosecutors was deleted by the 2026-08-04 amendment and this is reflected in the current version in force (effective 2026-10-02), so check the procedure against the current law.
- A search and seizure has almost no statutory deadlines, but the on-site response is important. You must keep to three things, checking the scope of the warrant, participation by a responsible person, and comparing the seizure list, so that a basis remains for later return or a quasi-appeal.
- A search and seizure under a specific statute, such as a tax offense investigation, follows that statute's procedure (e.g., Procedure for Punishment of Tax Offenses Act §9). First check which agency has come and under which law.
Related laws
- Criminal Procedure Act Article 106 (seizure), Article 114 (form of warrant), Article 118 (presentation of warrant), Articles 121, 122, 123 (right to participate, notice, participation of responsible person), Article 129 (delivery of seizure list), Article 215 (seizure and search by warrant), Articles 216 and 217 (seizure without warrant), Article 218 (voluntary submission), Article 218-2 (return and provisional return), Article 219 (application mutatis mutandis), Article 243-2 (participation of defense counsel), Articles 417, 418, 419 (quasi-appeal); Korean National Police Agency Rules on the Handling of Digital Evidence, etc. Articles 12, 16, 19, 20, 23
Responding to a Search and Seizure,
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