2. Determination

A. The Constitution of the Republic of Korea provides that “no person shall be arrested, detained, seized, seized, or examined unless otherwise provided by Act (Article 12(1) of the Constitution of the Republic of Korea); and that “a warrant issued by a judge according to lawful procedures in the case of arrest, detention, seizure, or search shall be presented in accordance with due process: Provided, That where a person is a flagrant offender, or where a person is likely to commit an offense punishable by imprisonment for a maximum term of not less than three years and to escape or destroy evidence is likely to escape or destroy evidence, a subsequent warrant may be requested” (Article 12(3) of the Constitution of the Republic of Korea declares the basis

Following this, the Criminal Procedure Act, when a judicial police officer deems it necessary for criminal investigation, may seize, search or inspect a suspect according to the warrant issued by the judge upon the request of the public prosecutor who is requested by the judicial police officer (Article 215(2)), and the public prosecutor or judicial police officer may, if necessary, seize, search or inspect the suspect in accordance with Article 200-2, 200-3, 201 or 212, seize, or inspect the suspect at the site of arrest without a warrant. However, if it is necessary to continuously seize the seized articles, the warrant of search and seizure shall be requested without delay within 48 hours after arrest (Articles 216(1)2 and 217(2)), if it is impossible to obtain the warrant of the judge in need of urgency at the scene of the crime in the course of or immediately after the crime (Article 216(1)2 and Article 217(2)2), but in such cases, the warrant may be obtained after the fact without delay (Article 216(3)).