Short answer. Not simply because they want to look at it. Under Article 215 of the Criminal Procedure Act, seizure, search and inspection require a warrant issued by a district court judge, and the law limits what may be taken to what can be recognised as connected to the offence under investigation. A prosecutor applies for that warrant directly; a judicial police officer must apply through a prosecutor.
What Korean law says
Article 215(1) permits a prosecutor to seize, search or inspect when it is necessary for a criminal investigation, where there are circumstances giving rise to suspicion that the person has committed an offence, and only as to what can be recognised as connected to the case. Even then, it must be done under a warrant applied for to a district court judge. Article 215(2) sets the same standard for judicial police officers, with one extra step: the officer applies to a prosecutor, who applies to the judge.
Two limits sit inside that wording. The first is judicial authorisation: the decision is not the investigator’s alone. The second is the connection requirement. The provision does not authorise taking whatever is available, only what is recognisably connected to the case being investigated.
Criminal Procedure Act, Article 215(1) and (2). Act No. 21241, in force from 1 July 2026.
What usually happens in practice
A phone is rarely examined on the spot. It is taken, and its contents are extracted and analysed afterwards. That is where most disputes arise, because a phone holds years of material with no bearing on the allegation, and the connection requirement is the line that gets argued over.
You may also be asked to hand the phone over voluntarily, or to unlock it. Consent and a warrant are different legal routes, and what you agree to in that moment is difficult to undo later. If you are unsure which is being asked of you, it is reasonable to ask the officer to say so plainly.
What you should do next
- Ask whether a warrant has been issued, and ask to see it.
- If you are being asked to hand the device over voluntarily, say you want to speak to a lawyer before deciding.
- Note what was taken and when. A receipt of seizure should exist.
- If material unrelated to the allegation has been extracted, raise it early rather than at trial.
Related
Police interviews in Korea: what foreign nationals should expect
Police investigation support
Criminal defence lawyer in Korea
Criminal procedure answers
All Korean law answers
Tell us about your case
Send the facts and the stage your case is at. A Korean attorney reviews it and replies. No need to call first.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.