Citizen Groups Say "Minister Choo Mi-ae's 'Mobile Phone Password Disclosure Law' Is Unconstitutional"

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] Civil society organizations are raising their voices in criticism over Justice Minister Choo Mi-ae's directive to promote the so-called 'Suspect Mobile Phone Password Disclosure Act.'

The Lawyers for a Democratic Society (Minbyun) issued a statement on the 13th, saying, "The Constitution clearly states the principle of the right against self-incrimination, which means no one shall be forced to make statements unfavorable to themselves in criminal cases," and added, "We condemn Minister Choo's directive to consider legislation that infringes on the constitutional right to remain silent."

Minbyun argued, "The right to remain silent is the minimum mechanism that substantively guarantees the defense rights of suspects and defendants," and stated, "If sanctions are imposed for refusing to disclose the mobile phone password, which is subject to the right to remain silent, it would directly violate the constitutional right to remain silent and the defense rights of suspects."

Furthermore, Minbyun urged, "In light of the constitutional principle of the right against self-incrimination and the constitutional demand to guarantee the defense rights of suspects and defendants, the Minister of Justice must withdraw the directive to consider such legislation."

They also added to Minister Choo, "Reflect on this directive that disregards the fundamental rights of the people and apologize to the public."

The People's Solidarity for Participatory Democracy (PSPD) also commented on the same day, stating, "This is an attempt to introduce the 'Obstruction of Justice' crime, which the Lee Myung-bak administration tried to implement in the past but abandoned due to human rights concerns," and argued, "The Ministry of Justice must immediately halt the consideration of this anti-human rights system that goes against prosecutorial reform."

PSPD pointed out, "The idea of punishing those who do not provide their mobile phone passwords to the prosecution directly contradicts the constitutional purpose of protecting privacy," and criticized, "The Ministry of Justice, which should protect citizens' human rights and monitor and check the prosecution's anti-human rights investigative practices, has forgotten its duty by considering such legislation citing individual cases."

Minister Choo, targeting Prosecutor Han Dong-hoon involved in the Channel A case, said the previous day, "The suspect is maliciously hiding the mobile phone password and obstructing the investigation," and instructed, "Consider enacting a law that enforces compliance under certain conditions and imposes sanctions for non-compliance."

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