Short answer. Not on their own say-so. Article 215 of the Criminal Procedure Act requires a warrant issued by a district court judge for seizure, search and inspection, and limits what may be taken to what can be recognised as connected to the case being investigated. A prosecutor applies to the judge directly; a judicial police officer applies through a prosecutor. Consent is a separate route, and agreeing to a search is a decision with consequences you cannot easily reverse.
What Korean law says
Article 215(1): where it is necessary for a criminal investigation, and there are circumstances giving rise to suspicion that the suspect has committed an offence, a prosecutor may seize, search or inspect, limited to what can be recognised as connected to the case, under a warrant applied for to a district court judge. Paragraph 2 applies the same standard to judicial police officers, who apply through a prosecutor.
Criminal Procedure Act, Article 215. Act No. 21241, in force from 1 July 2026.
What usually happens in practice
A search of a residence is normally executed at the start of the day and is over quickly. The two things that decide how much it costs you are the scope written on the warrant and what is treated as connected to the case. Both are worth reading carefully at the time rather than reconstructing afterwards.
Where the search involves computers or phones, the connection requirement does most of the work, because devices hold years of material that has nothing to do with the allegation. Objecting to over-collection at the scene, and having the objection noted, is worth far more than raising it for the first time at trial.
If you are asked to consent to a search instead, that is a different legal basis. You may decline, and you may say you want to speak to a lawyer before answering.
What you should do next
- Ask to see the warrant and read what it covers before anything is opened.
- Note what is taken and ask for the receipt of seizure.
- Say clearly if you believe something falls outside the scope, and ask for that to be recorded.
- Do not consent to an expanded search because it feels easier in the moment.
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.