Choo Mi-ae: "Investigation Faces Obstacles... Introducing Effective Measures for Digital Evidence Seizure and Search"

[Asia Economy Reporter Baek Kyunghwan] Justice Minister Choo Mi-ae stated, "We need to introduce effective measures for digital evidence seizure and search." This response comes amid strong opposition to the plan to enact a law that would compel suspects to disclose their mobile phone passwords to investigative agencies.

On the 12th, Minister Choo said on Facebook, "Living in a digital world, we must also develop legal theories that handle digital matters to effectively respond to crimes," adding, "We have encountered a difficult situation where investigations are no longer feasible with mere shell phones."

In particular, Minister Choo pointed out, "For human rights-compliant investigations, we should shift to forensic techniques that secure physical evidence without relying on suspects' confessions as much as possible. However, if suspects do not cooperate with mobile phone forensics, the transition to forensic investigation becomes difficult."

She also referred to the UK's 'Regulation of Investigatory Powers Act,' under which investigative agencies can request a court order to decrypt passwords from suspects, and if the suspect disobeys the court's order, they face imprisonment.

Minister Choo stated, "Countries like France, the Netherlands, and Australia also have legal systems that impose criminal penalties if individuals do not comply with requests to decrypt or decode passwords," adding, "Our country will also seek harmony with the constitutional principle against self-incrimination while developing criminal law systems for the digital age, ensuring that citizens can feel secure and that fairness and justice thrive in the era of the Ministry of Justice."

Meanwhile, on the same day in the morning, Minister Choo instructed the Inspection Department of the Supreme Prosecutors' Office to conduct a fact-finding investigation into the process of Seoul High Prosecutors' Office indicting Deputy Chief Prosecutor Jeong Jin-ung of Gwangju District Prosecutors' Office on charges of abuse of authority. She further ordered that, in cases where suspects maliciously conceal mobile phone passwords and obstruct investigations, legislation be considered to enforce compliance under certain conditions such as court orders, referencing foreign legislations like those in the UK, and to impose sanctions for non-compliance.

This content was produced with the assistance of AI translation services.