The National Human Rights Commission recommended that the Ministry of Justice and others improve the system so that the disclosure of suspects' criminal facts and personal information by investigative agencies is operated based on clear law.
The National Human Rights Commission (NHRC) said on the 15th that suspects' criminal facts, personal information, and the status of investigations in criminal cases are currently being disclosed under each investigative agency's publicity rules, and that it recommended to the Minister of the Ministry of Justice that a law on criminal case information disclosure, applicable commonly to all investigative agencies, be pursued.
The National Human Rights Commission (NHRC) explained that, prompted by the 2023 case in which actor Lee Sun-kyun died while under police investigation on suspicion of using narcotics, the practice of disclosing criminal facts and private information during investigations can infringe on personality rights, the privacy of private life, and the presumption of innocence.
It also pointed out that, because criminal case information is currently operated under agency-specific publicity rules rather than law, the scope and standards of disclosure can vary by investigative agency even for the same case.
The National Human Rights Commission (NHRC) also recommended that, until a law is enacted, the Ministry of Justice, the prosecution, the police, the Korea Coast Guard, and the Corruption Investigation Office for High-ranking Officials revise their publicity rules. It said abstract grounds for disclosure such as "the public's right to know" or "media requests" should be made concrete, and standards should be set so that disclosure is allowed only as an exception when the public interest clearly outweighs the need to protect an individual's basic rights.
It further recommended establishing an independent case disclosure review committee with a majority participation of civilian members from the fields of law, human rights, and the press, and improving the practice of disclosing suspects' criminal facts or issuing public summons before indictment solely because the person is a celebrity or other public figure.
It also said standards are needed to ensure that the same level of human rights protection as in general investigative agencies is achieved in investigations conducted by special judicial police officers.
The National Human Rights Commission (NHRC) said, "We will continue to review related systems and legislation so that the basic rights of persons involved in criminal cases and the public's right to know can be harmoniously guaranteed, and we will present opinions as needed."