by the Supreme Court of Korea

“ Accordingly, it is not allowed as illegal undercover operation when the inducer who has direct relationship with the investigation branch, resort to sympathy or emotion using personal relationship, inflict monetary, emotional pressure or threat, tempt the induced almost impossible to refuse, or provide any firm methods of crime, and provide financial resources to the crimes. ”

“ Undercover operation which provokes the criminal intent from the person who did not have criminal intent from the beginning by using evil trick and a scheme is in itself, illegal. (Refer to Supreme Court Decision delivered Oct. 28, 2005 2005Do1247) Whether it should be regarded as illegal undercover operation in actual case, we should look into the type and nature of the criminal act, status and role of the inducer, situation and method of inducement, reaction of the induced following the inducement, criminal history of the induced and the illegality itself of the inducement act as a whole. ”

“ Public prosecution shall be dismissed by judgment in the following cases:
2. Where the procedure for instituting public prosecution is void by reason of its having been contrary to the provisions of Acts ”