"Hats to Cover Faces Are Provided Too"... How Far Do Police Go to Protect Suspects' Identities [News Seolcham]

Presumption of Innocence Before Conviction... Protection of Suspects' Rights
Photo Line System Abolished in 2019
Ongoing Calls to Ease Requirements for Disclosure of Serious Offenders' Identities

Editor's Note'Seolcham' is a newly coined term meaning 'please refer to the explanation for more details.' In [News Seolcham], we aim to highlight and explain in greater detail the parts of the news that require fact-checking or further clarification.

"I heard that police provide suspects with hats and masks when they appear for warrant hearings..."

Recently, Yang Mo, a woman in her 20s accused of claiming to be pregnant by a soccer player and demanding money, was exposed to cameras during her court warrant hearing. As both her face and handcuffs were revealed, questions arose about how the rights of suspects are protected. In contrast to perpetrators of stabbing rampages who appeared with their faces covered by hats and masks, there was strong criticism that the rights of individuals whose charges have not been confirmed were not protected.

A woman in her 20s, Yang Mo, who claimed to be pregnant with the child of Son Heungmin, the captain of the national soccer team, and attempted to extort money from Son, entered the Seoul Central District Court on the 17th for a warrant hearing. Photo by Yonhap News

The police provide hats and masks to suspects only upon their request. This has become an established practice based on constitutional and international human rights standards. Article 27, Paragraph 4 of the Constitution states, "A criminal defendant shall be presumed innocent until a conviction is finalized," meaning that even suspects accused of heinous crimes are not exceptions.

In 2023, the police provided hats and masks to suspects such as Choi Yoonjong, the perpetrator of the Sillim-dong sexual assault and murder case, and Cho Sun, who committed the Sillim Station stabbing rampage, allowing them to cover their faces and drawing criticism. At the time, the police explained to the media, "Before a decision is made to disclose personal information, internal police guidelines prohibit releasing information that could reveal a suspect's identity, which is why hats and masks were provided." The police do not recommend or force suspects to wear hats or masks, but if the suspect wishes, they support the use of such coverings.

However, in the recent case involving Yang, it has been reported that while the police prepared a hat with the brand label concealed, the individual did not request it.

In the past, revealing a suspect's face in front of the photo line was considered a routine procedure. However, some media outlets sensationalized suspects' faces, and even after acquittals, materials remained available, leading to frequent secondary harm. As public criticism intensified, the police began revising human rights protection guidelines in the mid-2010s, and in 2019, they officially abolished the photo line system by amending the "Regulations on the Prohibition of Disclosure of Criminal Cases," among others.

Disclosure of Personal Information for Suspects in Serious Crimes such as Sexual Offenses, Murder, and Robbery

Not all suspects' faces are protected. Under the personal information disclosure system, if certain conditions are met, the identities of suspects in sexual offenses and specific serious crimes can be disclosed.

The disclosure of personal information for sex offenders was first introduced in 2000 with the amendment of the Act on Special Cases Concerning the Punishment of Sexual Crimes. Since 2010, the law has been strengthened to allow for review of personal information disclosure for suspects in specific serious crimes such as murder, robbery, and sexual assault.

The police form a "Suspect Personal Information Disclosure Review Committee" to decide whether to disclose a suspect's identity, and suspects are given the opportunity to state their opinions. However, even if a suspect objects to the disclosure, the decision can still be made based on factors such as the brutality of the crime, the public's right to know, and the risk of recidivism. In 2023, Choi Wonjong, the suspect in the Bundang stabbing rampage in Seongnam, Gyeonggi Province, refused disclosure of his identity, but it was ultimately made public.

There is also criticism that such measures excessively protect the rights of heinous criminals. Considering the seriousness of the crime and the social impact, some argue that the requirements for disclosing personal information should be further relaxed in the interest of the public's right to know and crime prevention.

Countries that actively disclose suspects' identities release "mugshots" (identification photos of criminals) for crime prevention and public safety. In the United States and the United Kingdom, it is standard practice to immediately release suspects' personal information on police websites or to the media upon arrest, regardless of whether the crime is minor or serious. In Japan, while the police do not disclose suspects' faces, the media have established a practice of widely reporting the real names, ages, and photos of arrested suspects. Media outlets actively report real names at their own discretion.