Choo Mi-ae: "The Indictment Will Be Disclosed Balancing the Presumption of Innocence and the Public's Right to Know"

Allegations of Cheong Wa Dae Election Interference: Indictment Not Disclosed
"Considering Remaining Suspects' Constitutional Rights"

Future Indictments to Be Disclosed During Trial
Disclosure by Prosecution, Not Ministry of Justice

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] Minister of Justice Choo Mi-ae commented on the policy of non-disclosure of the indictment in the 'Blue House Ulsan Mayor Election Interference Allegation' case, stating, "We must consider the constitutional value infringements that may affect the remaining suspects." She also revealed plans to disclose the indictment during the trial process within the scope of upholding the presumption of innocence and the public's right to know.

On the afternoon of the 11th, Minister Choo held a press briefing at the Government Complex Gwacheon and said, "This is the first step to ensure that the constitutional principle of presumption of innocence, the criminal defendant's right to a fair trial, and the principle of trial-centered proceedings are practically upheld." She added, "The indictment is a one-sided claim by the prosecution. We need to distinguish this because if the indictment is disclosed, it is not just a claim but can be mistaken for fact."

Minister Choo also pointed out that the term 'non-disclosure' is not appropriate regarding the indictment related to the Blue House election interference allegations. She said, "According to regulations prohibiting disclosure of criminal cases, a summary document containing the gist of the indictment was submitted to the National Assembly, so claiming that it was not disclosed is a distortion."

Regarding the U.S. policy on indictment disclosure, Minister Choo stated, "Foreign legislation should only be used as a reference to find ways to implement our constitutional values, and engaging in truth disputes over it does not help us." She continued, "The topic should be how and when to balance the presumption of innocence, the human rights protection of the suspect, and the public's right to know," adding, "Nevertheless, the media is misrepresenting foreign legal systems, causing doubts about the sincerity of the Ministry of Justice."

Minister Choo announced, "We plan to establish standards for indictment disclosure as a way to balance the fundamental principle of presumption of innocence and the public's right to know." This is a blueprint to properly implement the presumption of innocence during ongoing criminal investigations and promote the public's right to know during the trial stage after indictment. She also added, "The indictment disclosed during the trial process will be in a professional format."

Minister Choo said, "In the future, indictments will be disclosed based on the resolution of a review committee according to the Public Institutions Information Disclosure Act and the Act on Prohibition of Disclosure of Criminal Cases." Although indictments have been submitted to the National Assembly under the separation of powers, they have been indiscriminately disclosed through the media beyond their original purpose or intent, leading to the collapse of the presumption of innocence and protection of suspects' human rights. She clarified that the disclosure entity is the prosecution, not the Ministry of Justice. Minister Choo added, "Indictments will be disclosed after going through the Disclosure Review Committee established at each level of the prosecution offices called the Criminal Case Disclosure Review Committee."

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