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TITLE Supreme Court Order 2016Mo587 Dated May 31, 2022 ¡¼Reappeal against Decision Invoking Quasi-Appeal¡½ [full Text]
Summary
¡¼Main Issue and Holding¡½ In the case where: (a) an investigative agency conducted searches and seizures against Incorporated Company A, an Internet service provider, on the Quasi-appellant¡¯s electronic information consisting of KakaoTalk message records stored in Company A¡¯s headquarter server, based on the search and seizure warrant issued against the Quasi-appellant as the suspect; and (b) the Quasi-appellant filed a lawsuit for nullification of the search and seizure on the grounds of illegality committed by the investigative agency by not guaranteeing the Quasi-appellant¡¯s right to participate in the process of search and seizure, the case upholding the lower court¡¯s conclusion to nullify the search and seizure on the grounds that the illegality committed in the process of the search and seizure was grave enough to illegalize the entire search and seizure procedure
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