[2022 National Audit] Criticism Over Rejection of Arrest Warrant for 'Stalking Murderer' Jeon Juhwan... "Supreme Court Regulation Loophole"

Park Jumin "Conditional Release System Should Be Introduced to Increase Discretion and Flexibility in Detention"
Kim Sanghwan, Chief of Court Administration, "Fully Agree... Issuance or Dismissal Choice Burdens Judges"

On the 4th, at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court and others, Chairman Kim Do-eup is striking the gavel. Photo by the National Assembly Press Photographers Association [Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] During the National Assembly Legislation and Judiciary Committee’s audit, criticism was raised that the arrest warrant for Jeon Ju-hwan, the ‘Sindang Station stalking murderer,’ was dismissed, failing to prevent the murder case.

On the 4th, during the audit of the Supreme Court and others, Park Joo-min, a member of the Democratic Party of Korea, criticized, "When reviewing the reasons for detention, if it is judged that the suspect is likely to harm the victim or continue to cause harm, shouldn’t more arrest warrants be issued?"

He then asked, "What do you think about introducing a conditional release system where, when an arrest warrant is issued and detention is made, conditions such as a restraining order against the victim are imposed, and if violated, the suspect is re-detained, thereby increasing the discretion and flexibility of detention decisions?"

In response, Kim Sang-hwan, Chief of the Court Administration Office, said, "I fully agree. Judges face a burden with the two options of issuance or dismissal. There is concern about how to handle situations like this unfortunate case where the perpetrator and victim cannot be separated, and this is a good solution to address that."

There was also criticism that courts are reducing sentences in stalking crimes because the victim and perpetrator were in a romantic relationship.

Lee Tan-hee, a Democratic Party lawmaker, pointed out, "A full survey of 95 stalking crimes from October last year to June this year showed that only 16.8% received actual prison sentences, while 40% of suspended sentences and 54% of fines involved romantic relationships. Does it make sense that being in a romantic relationship is a reason for sentence reduction despite being a stalking victim?"

She continued, "The court neither notified the victim of the Sindang Station case about the substantive review of the arrest warrant for Jeon Ju-hwan nor informed them that it was dismissed. The perpetrator is roaming freely while the victim was unaware and only found out later, saying to their lawyer, ‘It feels like the case is proceeding without me.’ There is a loophole in the Supreme Court’s regulations. A regulation should be created to notify victims during the substantive review of arrest warrants."