[Comprehensive] "MB's act resembles 'Obstruction of Justice'" Choo's 'Off-duty Disclosure Law' backfires... Criticism from Civic Groups

On the 12th, Directive to Review the 'Suspect's Mobile Phone Password Disclosure Enforcement Act'
Minister Chu Emphasizes "Purpose of Advancing Criminal Law in the Digital Age"
Opposition Criticizes as "Arrogant and Unconstitutional"
Civil Groups Warn "No Different from 'Obstruction of Justice' Crime"

Minister of Justice Choo Mi-ae is attending and responding at the plenary session of the Special Committee on Budget and Accounts held at the National Assembly on the 12th. / Photo by Yonhap News

[Asia Economy Reporter Lim Juhyung] The so-called "Password Disclosure Law," which mandates the forced disclosure of suspects' mobile phone passwords and was ordered for review by Justice Minister Choo Mi-ae, is facing backlash. Following criticism from the political sphere, civic groups are also raising voices against the bill, deeming it "unconstitutional."

Earlier, on the 12th, Minister Choo targeted Prosecutor Han Dong-hoon, who is involved in the Channel A case, instructing the Ministry of Justice to "consider enacting a law that enforces compliance with court orders or other conditions to compel suspects, like Han Dong-hoon, a research commissioner and suspect in the Channel A case, who maliciously hide their mobile phone passwords and obstruct investigations, and to impose sanctions if they fail to comply."

Minister Choo explained the necessity of such legislation by stating that "investigations must transition to scientific forensic methods in line with the digital era." In a post on her Facebook, she emphasized, "Digital forensic analysis of mobile phones is difficult to advance without the suspect's cooperation," and added, "We must develop criminal law systems suitable for the digital age."

In response to criticisms that the bill could infringe on human rights, she countered, "Countries like the United Kingdom, known for their Bill of Rights, already implement such systems," and noted, "Human rights countries such as France, the Netherlands, and Australia have laws that punish failure to comply with requests for password decryption or decoding."

Minister of Justice Choo Mi-ae is attending the 2nd meeting of the Corruption Investigation Office for High-Ranking Officials Candidate Recommendation Committee held at the National Assembly in Yeouido, Seoul, on the morning of the 13th. / Photo by Yonhap News

However, criticism of the Password Disclosure Law continued within the political arena.

On the 13th, Kim Eun-hye, spokesperson for the People Power Party, stated in a commentary, "A person holding the position of Minister of Justice has proclaimed an unconstitutional idea that undermines the right to remain silent guaranteed by the Constitution and the right to defense under the Criminal Procedure Act," strongly criticizing it as "a supreme arrogance that reigns above the Constitution and the people, a 'Chun Sang Chun Ha Yu Chu Dok Jon' (唯秋獨尊)."

She continued, "What kind of country does the president, who turns a blind eye to the lawless minister's rampage, dream of?" and urged, "Do not follow the minister's orders that destroy the rule of law and stage a coup against justice and fairness."

The Justice Party also strongly criticized the bill. Jang Hye-young, the Justice Party's floor spokesperson, said in a statement the day before, "This is an act that shakes the prohibition of forced confessions, the right to remain silent, the right to self-defense, and the presumption of innocence guaranteed by existing criminal law," emphasizing, "Article 12 of our Constitution contains the right not to be forced to give self-incriminating testimony."

Geum Tae-seop, a former Democratic Party lawmaker who recently left the party, also pointed out on Facebook that day, "I am ashamed as a legal professional," questioning, "How is this different from a law that forces confessions and punishes those who do not confess?"

Geum Tae-seop, former member of the Democratic Party of Korea / Photo by Yonhap News

As controversy over the Password Disclosure Law grows in the political sphere, civic organizations have also raised their voices in criticism.

The Lawyers for a Democratic Society (Minbyun) issued a statement on the 13th, saying, "The Constitution clearly states the principle of the right to refuse self-incrimination, which protects anyone from being forced to give testimony that is disadvantageous to themselves in criminal matters," and condemned Minister Choo's directive to consider enacting such a law as an infringement on the constitutional right to remain silent.

Participation Solidarity also claimed in a commentary that day that the Password Disclosure Law is "an attempt to introduce the 'Obstruction of Justice' offense, which the Lee Myung-bak administration tried to implement but abandoned amid human rights concerns."

They added, "The idea of punishing those who do not provide their mobile phone passwords to prosecutors directly contradicts the constitutional purpose of protecting privacy," and criticized, "The Ministry of Justice, which should protect citizens' human rights and monitor and check the prosecution's anti-human rights investigative practices, is forgetting its duty by considering such legislation while citing individual cases."