Lawyers Participating in Police Investigations Guaranteed to Take Notes on Electronic Devices Such as Smartphones and Laptops

The government announced on the 21st a proposal to adjust investigative authority between the prosecution and the police, focusing on transferring primary investigative rights and the authority to conclude investigations to the police. The relationship between the prosecution and the police will change from a vertical hierarchy to a cooperative partnership, and the prosecution's direct investigations will be limited to essential areas. A view of the National Police Agency in Seodaemun-gu, Seoul, on the day. Photo by Moon Honam munonam@

[Asia Economy Reporter Lee Gwan-joo] On the 6th, the National Police Agency announced that it will expand the 'Attorney's Right to Use Electronic Devices for Note-taking' system nationwide at police stations, allowing attorneys participating in investigations of case-related persons to take notes using electronic devices.

With the implementation of this system, attorneys will be able to use electronic devices such as laptops, mobile phones, and tablet PCs for simple note-taking during police investigations.

Following the implementation of the 'Measures to Strengthen the Guarantee of Attorney Assistance Rights in Police Investigations' in November last year, the police conducted a pilot operation allowing attorneys to use electronic devices for note-taking in the investigative departments of the Seoul Metropolitan Police Agency and Jeju Provincial Police Agency. The results showed no significant issues during the investigation process, and attorneys welcomed the introduction as it ensured convenience in note-taking.

However, the use of electronic devices may be restricted if attorneys continuously request to suspend the investigation for note-taking purposes or if they record or film the investigation process beyond simple note-taking, causing significant disruption to the investigation.

The police plan to continue cooperating with related organizations such as the Korean Bar Association to ensure the prompt establishment of the related system. A police official stated, "We will do our best to practically guarantee the constitutionally protected basic right to 'receive assistance from an attorney,' establish a thorough system to protect the human rights of suspects at each stage of investigation, and settle a human rights-centered and citizen-focused investigation system."