Prosecutors Urged to Safeguard Suspects' Privacy in Making Inquiries
When questioning in writing a public or private organization to confirm certain facts in the course of an investigation, prosecutors are required by regulation to disclose to such organization the case being investigated. Noting that the clause is likely to violate the privacy of suspects (or the accused), the National Human Rights Commission of Korea (NHRCK) recommended the Minister of Justice revise the applicable regulation to stipulate that the case should not be indicated in such written inquiry unless doing so is necessary for the criminal investigation or court proceedings involved.
The Commission also recommended that the Supreme Prosecutor provide job training to investigators so that they would not infringe on the right to privacy of the suspect (or the accused) when questioning public organizations, including government agencies, as well as private organizations when the case must be divulged.
The foregoing recommendations came out in response to a complaint involving the accused in an on-going theft lawsuit who was an in-patient at a hospital (the complainant). In order to confirm his being an in-patient, the prosecutor in charge (the respondent) sent an official letter bearing the name of the accused and an indication of the case to the hospital.
The NHRCK judged that the respondent's disclosure of the case in the written inquiry sent to the hospital, thereby making the fact that the complainant was on trial on a theft charge known to the hospital, constituted a violation of the right to privacy guaranteed by Article 17 of the Constitution of the Republic of Korea, since disclosure was unnecessary to confirm the complainant's being an in-patient.
