by the Supreme Court of Korea

“ Summary of Decision Originally, an undercover operation which provoke 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, and introducing prosecution following the undercover operation is void due to its violation to rule of law, however, just providing opportunity to commit crime for the person who already has criminal intent can not automatically interpreted as illegal undercover operation. ”

“ Furthermore, national police whose duty shall include a protection of life, body, property of citizens and prevention, suppression, investigation of crime (Article 3 of police Act) , are not allowed to go further into the investigation, intentionally leaving the health and safety of the victim in danger. In addition, it cannot be seen as the legal exercise of police power, using the victim as bait in spite of the danger of the health and safety of that person without the consent of the victim even under the circumstance where cooperation from the citizen is needed for criminal investigation. ”

“ In this case, we cannot preclude the probability of the latent criminal to go into burglary rather than mere larceny, moreover, not taking proper measures after finding the citizen passed out on the ground, taking advantage of policing and investigating is beyond the boundary of criminal investigation. ”