Although Police Officer’s Actions Relate to NPA Guidelines, NHRC Finds such Actions Violated Due Process
In response to the 5 March 2003 complaint filed by Solidarity for Peninsular Reunification, charging that "a major opposition leader was abducted and held to prevent his participation in our event," the National Human Rights Commission (NHRC) has found Police Officer Hwang to have violated the abductee's human rights and has decided to press "illegal confinement" charges with the public prosecutor.
The case involves Shin, Chang-gyun--age 97 and the honorary chairman of the Pan-Korean Alliance for Reunification (hereafter, “Pan-Korean Alliance”)--and Kwacheon Police "intelligence and security officer" Hwang, who had been assigned to track Shin's movements on a regular basis. On the day in question, 1 March 2003, Shin was en route to the “National March 1st Commemoration Rally for Peace and (peninsular) Unification" event held at the Seoul Walker Hill Hotel as part of a series of events—held under the auspices of “non-government inter-Korean exchange and cooperation”—to which North Korean delegation members were invited. The complaint charged that Hwang intentionally offered Shin a ride to the hotel for the purpose of instead abducting and trapping Shin in his car and driving him around for 4 to 5 hours in order to prevent Shin's participation in the event.
During the NHRC investigation, Hwang testified that: (1) since he trailed Shin regularly, they were well-acquainted with one other, (2) at 16:30 of March 1st, Hwang had gone to the seedling market near Seoul Grand Park to buy seedling trees and take a walk, and accidentally bumped into Shin, (3) Shin asked Hwang to give him a ride to the Walker Hill Hotel and Hwang consented, (4) because of a traffic jam, poor night vision, and lack of familiarity with the route, he got completely lost and was thus unable to take Shin to the event, and (5) that he was not instructed to deliberately hijack Shin but rather had made a mistake.
However, after comprehensive consideration of (1) a site investigation of the places in question, (2) the report drafted by the National Police Agency (NPA) department of supervision and investigation, and (3) evidence obtained by questioning the complainant and witnesses, the NHRC investigation came to the following conclusions.
1. Police officer Hwang had been assigned to keep tabs on Shin since 9 October 1991, and had regularly phoned the security guards at Shin's apartment as well as other persons around Shin to ascertain Shin's movements.
2. The security affairs department of the NPA had drawn up "Guidelines for Security Tasks Relating to the National March 1st Commemoration Rally" instructing officers: to ascertain which persons would attempt illegal participation in the event despite the Unification Ministry's refusal to grant participation permission to persons from organizations such as the Pan-Korean Alliance that allegedly “benefit the enemy (North Korea),” and to prevent such persons from going near the event. These guidelines were transmitted to the Kyeonggi Province Police Authority and retransmitted to the Kwacheon City Police "intelligence and security department."
3. To carry out these guidelines, Officer Hwang deliberately visited Shin's home in Byeol-lyang-dong, Kwacheon City, on 28 February 2003 from 21:00 - 22:00 to ascertain if Shin intended to participate in the event and found out that Pan-Korean Alliance members would visit Shin's home at 16:00 the next day to escort him to the event.
4. At 16:30 on March 1st, Hwang returned to Shin's apartment and the Pan-Korean Alliance members had yet to arrive. In his old age, Shin, who had been waiting for his escort, mistook Hwang for a Pan-Korean Alliance member and boarded Hwang's car.
5. Inside the car, Shin finally recognized Hwang and repeatedly entreated Hwang to take him to the Walker Hill Hotel on time. However, Hwang pretended to get lost and deliberately drove around Youido and other parts of the city for 4 hours and 50 minutes; he drove Shin back home at 21:20. Thus, Shin was unable to participate in the event, unable to partake of food, and forced to urinate in his clothing in the back seat of the car. Immediately after, officer Hwang reported back to the Kwacheon Police security affairs personnel on his activities.
On the one hand, Hwang was acting under NPA directives issued in line with the Unification Ministry's policy barring Shin's participation. However, when police officers undertake actions that curtail basic rights, such action should be based on an actual violation of the law, and the means of law enforcement should be proportional to the nature of the crime.
However, by confining the victim to a limited space, and preventing the victim from freely being able to carry out normal bodily functions (using the restroom), the defendant illegally restricted the victim's liberty of person, which violates article 124 of the Criminal Act (illegal arrest, unlawful confinement). Such actions fall under the realm of "discretionary" use of authority and went beyond legal duties defined in the Act on the Performance of Duties by Police Officers. Further, such actions violate liberty of person (article 12, Korean Constitution) and freedom of assembly (article 21, Korean Constitution) in that ultimately, the defendant physically prevented the victim from participating in the reunification event.
Granted, the Kwacheon City Police guidelines were somewhat vague; however, they cannot be interpreted as mandating officers to scheme up unlawful actions. Thus, the NHRC has filed a lawsuit with the Public Prosecutor against Officer Hwang.
