[Exclusive] Ruling Party Proposes Amendment to Criminal Procedure Act for Cybercrime Convention Accession

Kim Hangyu: "South Korea Must Expedite Joining the Cybercrime Convention"
Digital Sex Crimes: Investigations Hindered by Limits of International Cooperation
Amendment Proposed to Meet Requirements for Accession to the Convention

The ruling party has introduced a proposed amendment to the Criminal Procedure Act that would make preservation requests-a prerequisite for joining the Cybercrime Convention (commonly known as the Budapest Convention)-legally mandatory. A preservation request is a system that allows for the retention of digital evidence before it is deleted during the investigation stage, and it is considered an essential measure for effectively responding to new types of digital crime. This is a prerequisite for joining the Cybercrime Convention.

On October 2, Kim Hangyu, a member of the National Assembly's Gender Equality and Family Committee from the Democratic Party of Korea, sponsored an amendment to the Criminal Procedure Act that would allow investigative authorities to request information and communications service providers to preserve electronic evidence during the investigation stage. The aim is to introduce preservation requests into existing law to strengthen the response to cybercrime and enhance victim protection. (Related article: [Sexual Exploitation, Out] Accelerating Preparations to Join the Cybercrime Convention)

Kim Hangyu, member of the Democratic Party of Korea. Photo by Younghan Heo younghan@

Kim Hangyu explained the background for introducing the bill, stating, "Cybercrimes, including digital sex crimes that have become a social problem, often involve overseas information and communications services such as Telegram. However, due to the limitations of international cooperation, domestic investigations have faced significant challenges."

The Cybercrime Convention is an international treaty adopted to address transnational cybercrime. It defines punishable cybercrimes, provides for the sharing of cybercrime information, and regulates investigative cooperation. Seventy-eight countries, including the United States, Japan, and the European Union, have joined the convention, and member states often conduct joint investigations. In South Korea, many cases-including digital sex crimes-involve servers located overseas, which has highlighted the need for international cooperation and strengthened the case for joining the convention.

Specifically, the bill sponsored by Kim Hangyu stipulates that if there is concern over the destruction of evidence, investigative authorities may request the preservation of certain parts of information stored on electronic documents or other storage media for up to 90 days. Prosecutors may also request an extension of the preservation period, limited to two additional requests, each for up to 20 days, either ex officio or upon the application of judicial police officers.

If the bill passes, it is expected to accelerate South Korea's accession to the Cybercrime Convention. The government received an official invitation to join from the Council of Europe in 2023 and has been proceeding with the formal accession process. However, the process has been stalled because the amendment to the Criminal Procedure Act, which would establish the preservation request system-a prerequisite for joining the convention-has not yet passed the National Assembly. Previously, Cho Bae-sook, a member of the People Power Party, also introduced a similar bill, so opposition from the ruling party is not anticipated.

Kim Hangyu stressed, "In order to conduct international joint investigations, South Korea must expedite its accession to the Budapest Convention," adding, "We will amend the Criminal Procedure Act as soon as possible to swiftly proceed with joining the convention."