[The Second Take] The Rule That Hindered Cha Jinwoo... Essential for Protecting the Rights of Persons with Disabilities

In Police Investigations,
Procedures Must Be Followed for Persons with Mental or Language Difficulties
Including Requesting a Communication Assistant

In the drama "Tell Me I Love You," Cha Jin-woo (Jung Woo-sung) is taken into police custody. The charge is abduction and enticement of a minor. The police inform him of the Miranda rights and take him away. Cha Jin-woo is bewildered, not understanding the reason. He is hearing-impaired. He does not even know what misunderstanding has occurred. The situation remains the same after moving to the police station. He writes "Communication by writing possible!" in his notebook and requests a conversation, but only incomprehensible responses come back.

"According to Article 75 of the Police Officer Duty Rules for Human Rights Protection, when investigating a person with mental or language difficulties, a communication assistant who can facilitate communication must be involved!"

As time drags on endlessly, Cha Jin-woo becomes anxious. The appointment time to meet Jung Mo-eun (Shin Hyun-bin) has long passed. Frustrated, he looks at the wall clock and starts pounding the desk hard. 'Bang bang bang!'

One cannot blame the detective who has closed eyes and ears. They are following the prescribed procedures faithfully. It would have been better if they had also listened to the testimony of the minor reported missing in the first place... The police officer duty rule emphasizing the participation of an assistant is an essential procedure. This rule was abolished in 2015 but was reinstated in 2021 in the human rights protection investigation regulations (Article 60).

"When investigating persons with hearing and speech disabilities or other disabilities that make communication difficult, sign language or text interpretation must be provided, or a person who can assist communication must be involved. Suspects with disabilities must be informed about the application for legal aid from the Korea Legal Aid Corporation."

There has been a case handled as a human rights issue due to failure to follow the rules. In 2013, Kim Mo, a level 2 intellectually disabled student attending a special class at a high school in Seoul, was subjected to coercive investigation during a theft charge, violating his human rights. According to the National Human Rights Commission investigation, the police prevented the presence of a guardian during the late-night interrogation of Kim. At the scene, his hands were handcuffed, and he was verbally abused and assaulted at the police substation and patrol car. The Human Rights Commission recommended the police chief to issue warnings and cautionary measures to three police officers involved. After Kim received a non-prosecution disposition, he requested reinvestigation, claiming the confession was false and obtained through coercion.

It is a serious negligence when the police, who should be mindful of human rights, violate the rights of persons with disabilities. This is even more so today as laws guaranteeing the characteristics of disabilities are strengthened. A representative example is the "Act on the Prohibition of Discrimination against Persons with Disabilities and Remedies Therefor," which has been in effect since January. Article 26, "Prohibition of Discrimination in Judicial and Administrative Procedures and Service Provision," states the following:

"Judicial institutions must confirm whether the parties involved in a case have disabilities that cause difficulties in communication or expression, and inform those persons with disabilities that they can receive assistance in criminal justice procedures and the specific details of such assistance. In this case, judicial institutions shall not refuse such assistance without justifiable reasons if the person with disabilities requests it, and must provide the necessary measures."

There is concern that "Tell Me I Love You" might unintentionally cause misunderstandings about the correct laws and rules while emphasizing Cha Jin-woo’s frustrating feelings. Of course, more important is the sensitivity to disability and human rights, which is addressed repeatedly. For example, if a court bases its judgment on a false confession obtained by the police, a person with disabilities who did not commit the crime is more likely to be unjustly sentenced. The atmosphere of investigation and trial must flow in accordance with common sense and human rights.