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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Order 2024Mo730 Dated February 20, 2026 【Reappeal Against the Decision Partially Revoking the Disposition of Search, Seizure, and Inspection】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Whether the right to have the assistance of counsel is recognized not only for persons arrested or detained but also for criminal suspects and criminal defendants who are not under detention (affirmative) Whether not only advice and consultation through interviews between the criminal suspect or the criminal defendant and his or her defense counsel but also the complete confidentiality of the contents thereof should be guaranteed to fully exercise the right to have the assistance of counsel (affirmative) and whether the principle of proportionality under the Constitution of the Republic of Korea should be observed even in seizures conducted pursuant to a warrant (affirmative) Whether these legal principles is likewise applicable to the seizure of documents, materials, or objects containing legal advice or consultation regarding a criminal case, which were generated in the process of communication between the criminal suspect or the criminal defendant and his or her defense counsel (affirmative) Whether the seizure of documents, etc. containing legal advice as mentioned above is permitted (negative in principle) and the standard for determining whether it is necessary for important public interests that exceptionally justifies such a seizure | |
