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NHRCK Say Arresting Petty Criminal In the Act Violation of Human Rights
Date : 2013.06.07 00:00:00
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The National Human Rights Commission of Korea (NHRCK) concluded that police arresting a person who committed a misdemeanor in the act constituted a violation of the right to liberty of the person because such arrest is allowed only when the residence of a criminal is uncertain.
The NHRCK went on to recommend that the Jeju Special Self-governing Provincial Police Agency Chief educate police officers in question on the standards and requirements for arresting petty criminals.
The Commission received a complaint on September 2012 from a 41 year-old man who argued that his arrest by police for trespassing on the Gureombi rocks in the village of Gangjeong on Jeju Island for a musical performance was inappropriate since his identity was certain.
The NHRCK’s investigation into the case confirmed that the complainant’s offense was only minor under the Punishment of Minor Offenses Act, which means that his arrest was legally inappropriate.
In this regard, the NHRCK concluded that the police arresting the complainant without reviewing related regulations constituted a breach of Article 214 of the Criminal Procedure Act and a violation of the right to liberty guaranteed by Article 12 of the Constitution of Korea.
