주관적 관련성 있는 전자정보만의 수색·검증, 압수

When a law enforcement agency is searching and seizing tangible objects and electronic information, it must adhere to the principle of relevancy, which limits search and seizure. That principle comes from the principle of proportionality under the Constitution, and the principle of least intrusion under the Criminal Procedure Act concerning search and seizure. Subjective relevancy is more important than objective relevancy or time-based relevancy. The Revised Korean Criminal Procedure Act allows law enforcement agencies to search and seize objects related with the suspect or the defendant. This means that objects which belong to the suspect or defendant can be searched and seized. And if conditions of confiscation under Article 48 of the Criminal Act are met, objects which belong to third parties can also be searched and seized. Subjective relevancy may be attained by printing out or copying the electronic information related with the suspect or defendant whose name appears on the search warrant issued by a judge. If an electronic information was provided or will be provided for committing a crime, or obtained by committing a crime, the third party who owns a computer disk or mobile phone including the information and is aware of those facts shall be searched and seized. Furthermore, if the third party's relationship with the suspect or defendant is an accomplice, he/she will also be searched and seized by printing our or copying the electronic information.