[2024 National Audit] Prosecution Records Zero Indictments for Disclosure of Suspect Facts Over 10 Years... Loss of Effectiveness

Processed 375 Cases by Prosecution: 254 Non-Prosecution, 121 Prosecution Suspended or Witness Suspended

[Image source=Yonhap News]

A famous actor died due to the disclosure of suspect information by the police, prosecution, and media during an investigation, as well as unrelated reports on private life. However, it has been revealed that in the past 10 years, there has not been a single prosecution for cases filed under the crime of disclosing suspect information.

According to data analyzed by Seo Young-kyo, a member of the National Assembly's Legislation and Judiciary Committee from the Democratic Party of Korea, who received the 'Status of Receipt and Handling of Cases Related to Disclosure of Suspect Information' from the Ministry of Justice, from 2014 to last year, a total of 489 cases were filed under the crime of disclosing suspect information, but there were zero prosecutions. Seo’s office reported that as of August this year, 39 cases had been filed for disclosing suspect information, but no prosecutions have been made.

The 'crime of disclosing suspect information' is stipulated in Article 126 of the Criminal Act, which states, "If a prosecutor, police officer, or any other person performing duties related to criminal investigations, or those supervising or assisting them, disclose suspect information learned while performing their duties before filing a public prosecution, they shall be punished by imprisonment for up to three years or disqualification for up to five years." Additionally, Article 198, Paragraph 2 of the Criminal Procedure Act requires investigative agencies to keep secrets obtained during investigations to prevent interference with the investigation.

According to the Ministry of Justice data, out of a total of 375 cases related to 'disclosure of suspect information' handled by the prosecution in the past 10 years, 254 cases, accounting for 68%, were dismissed without prosecution. The remaining 121 cases that were not dismissed were also not prosecuted due to reasons such as suspension of prosecution or suspension of witness testimony. Since the enactment of the Criminal Act in 1953, there has never been a prosecution under the crime of disclosing suspect information, which has led to criticism that the prohibition on disclosing suspect information has lost its effectiveness.

Representative Seo said, "Strict responsibility must be imposed through prosecution and punishment for the disclosure of suspect information and leaks of indictments. Disclosure of suspect information during the investigation stage goes against the principle of trial-centered justice and may influence the trial. The presumption of innocence and infringement of judicial authority must no longer occur."