[Examining the Complete Abolition of Prosecution Review ③] "I Was Sexually Assaulted" False Accusation Crimes, ‘Cross-Checking’ Becomes More Difficult

After Last Year's Investigation Authority Adjustment, 'False Accusation' Referrals Plummet... 71.4% Decrease Compared to 2020
Relief for False Accusation Victims Difficult Due to 'Prosecutorial Reform'... Cases Essentially Closed at Police Stage

#1 Mr. A, the director of the Gyeonggi Provincial Gugak Orchestra under the Gyeonggi Arts Center, filed a complaint with the police claiming that he was falsely accused of sexual assault by member Mr. B, despite having forcibly molested Mr. B himself. Mr. A fabricated the accusation against Mr. B to cover up his own crime.

#2 Mr. C was assaulted by Mr. D to the point of breaking facial bones. However, Mr. D turned the tables and filed a complaint against Mr. C. Mr. D coerced his girlfriend into falsely testifying that Mr. C had sexually assaulted her, ultimately framing Mr. C as a sexual offender.

#3 Mr. E discovered that his girlfriend Ms. F deceived him by promising marriage and then embezzled the wedding preparation funds. When Mr. E demanded the return of the wedding expenses, he was instead accused of unlawful confinement. Upon exposure of the fraudulent marriage, Ms. F falsely reported to the police that "Mr. E tied his hands and feet with cable ties and confined her for five hours."

[Asia Economy Reporter Heo Kyung-jun] 'False accusation crimes' are considered malicious offenses that waste investigative resources and produce unjust victims. Most victims of false accusations are ordinary citizens who have never been to a police station in their lives. The legal community widely agrees that if investigative agencies do not conduct thorough investigations into false accusation cases, the investigation may go astray, resulting in victims being mistaken for perpetrators.

On the 13th, concerns arose within and outside the legal community that with the implementation of the 'Prosecutorial Investigation Authority Reform' law, the supplementary investigations by prosecutors will become ineffective, potentially leading to numerous cases where the truth is buried despite victims suffering injustice.

In the actual case of Mr. A, the police found no charges against Mr. B and forwarded the case to the prosecution, only judging the false accusation charge against Mr. A. However, the prosecution focused on the truth beyond the forwarded case and, through supplementary investigation, ultimately revealed that Mr. A had forcibly molested Mr. B, indicting Mr. A for both sexual assault and false accusation.

However, applying the revised Criminal Procedure Act, cases similar to Mr. A's crime are likely to be overlooked. The prosecution can only investigate the false accusation case against Mr. B forwarded by the police but cannot investigate Mr. A's sexual assault case. Although the prosecution can request reinvestigation by the police, if the police fail to uncover the facts at their stage, the case will inevitably be closed as is.

Currently, due to the adjustment of investigative authority between the prosecution and police implemented in January last year, a significant number of false accusation crimes involving false complaints and accusations do not reach the prosecution, resulting in a 71.4% decrease in false accusation cases handled by the prosecution compared to 2020.

The problem is that the prosecution can only initiate investigations on cases forwarded by the police, and with the recent revision of the Criminal Procedure Act, it has become even more difficult to investigate the substantive truth hidden behind false accusation crimes.

The biggest flaw of the Prosecutorial Investigation Authority Reform law is that there is no effective remedy for damages caused by false accusations.

Even if Mr. A, the actual perpetrator of sexual assault, files an objection to the police's decision of no charges against Mr. B and the prosecution directly reviews the case, Mr. A's sexual assault crime does not fall under the 'same criminal facts' and thus cannot be investigated. In effect, if the truth of a false accusation crime is not uncovered at the police stage, the prosecution cannot perform a 'cross-check.'

In fact, Mr. C and Mr. E were suspects at the police stage but were reversed to victims during the prosecution's supplementary investigation. However, from September when the revised law takes effect, it is expected to become even more difficult for Mr. C and Mr. E to clear their names.

A former chief prosecutor turned lawyer expressed concern, saying, "According to the revised law, investigations can only be conducted within the same category of cases that ended with no charges at the police or were forwarded to the prosecution. The number of ordinary citizens suffering due to the adjustment of investigative authority is already increasing, and the legal revision may cause even greater harm."