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Publication of Facts of Suspected Crime Before Request for Public Trial [2006] KRNHRC 9 (1 January 2006)

Pursuant to the presumption of innocence provisions in the Constitution and provisions
on the publication of facts of suspected crimes in the Criminal Code, an investigation
organization has, in principle, limited competence in publishing facts of suspected
crime before request for public trial.

Despite this, investigation organs have frequently publicized potential evidence of
suspected crimes before requesting public trials, which undermines moral right and
publicity right of suspects. In effort to improve investigation practices, the Commission
conducted suo-moto investigations of two such cases that occurred in November 2004.

In both cases, the Commission established criteria to judge whether or not human rights
are violated when facts of suspected crimes are publicized through public hearings,
discussion sessions, advice from scholars, and collecting case studies from other
countries. Based on the standards, the Commission conducted an investigation and
found that the content publicized was not based on objective evidence or data, thereby
instigating misunderstandings and conjecture, which could cause fatal damage to
suspects. This was found to be true in both cases. The Commission also found that the
procedures, methods, and content of publicization exceeded permissible limits.

In response, the Commission recommended that the Minister of Government
Administration and Home Affairs, who supervises the National Police Agency, to issue
a warning to the Police Agency. The Commission also recommended that the
Commissioner General, who supervises the local police agency concerned, to issue a
warning to a similar effect. Further, the Commission recommended that both ministers
establish and implement measures to educate the concerned staff and prevent
recurrences. The emphasis of the case was that publicizing facts of suspected crimes
before requesting public trials is a criminal act, and all measures to prevent
publicization should be taken, in order to avoid further damage to the person in suspect.