Human Rights Commission: "Collection of Personal Information by Military Judicial Police Officers During Suspect Interrogation Constitutes Invasion of Privacy"

[Asia Economy Reporter Donghoon Jeong] The National Human Rights Commission recommended that the Chief of Naval Operations improve the practice of recording personal information items during suspect interrogations by selecting and collecting only those items that serve as criteria for establishing the crime and sentencing decisions.

Complainant A filed a complaint stating that when naval military judicial police officers interrogated the suspect, they questioned personal information unrelated to the complainant's criminal facts, such as the complainant's highest education level, pre-enlistment occupation, family details, religion, and drinking capacity, thereby infringing on the complainant's basic rights including the privacy of their personal life.

The Human Rights Commission's First Committee for Remedying Violations stated, "Although suspect interrogation is based on provisions in the Criminal Act and Criminal Procedure Act and the suspect's right to refuse to testify is guaranteed, it cannot be considered that all matters can always be questioned of the suspect. It is reasonable to limit the scope to matters that can be taken into account in disposition or sentencing, within the minimum necessary range for criminal investigation and exercise of penal authority."

Furthermore, the committee judged that "the collection of personal information such as the complainant's highest education level and religion, which are unrelated to the complainant's criminal circumstances, exceeded the scope of sentencing considerations and thus violated the principle of due process and the principle of minimal infringement of basic rights, infringing on the complainant's right to self-determination of personal information and privacy."

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