Human Rights Commission: "When Disclosing Personal Information of Violent Offenders, Right to Defense Including Statement Must Be Guaranteed"

'Cheongdam-dong Stock Tycoon' Lee Hee-jin's Parents Murdered
Partial Acceptance of Kim Da-woon’s Petition

Suspect Kim Da-woon in the 'Lee Hee-jin Parents Murder Case' is leaving Anyang Dongan Police Station in Gyeonggi Province on the afternoon of the 26th to be transferred to the prosecution. 2019.3.26 [Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission partially accepted a petition filed by Kim Da-woon (36), who was subject to public disclosure after murdering the parents of Lee Hee-jin (35), known as the "Cheongdam-dong Stock Rich," two years ago, and ruled that the right to defense and procedural rights must be guaranteed during public disclosure.

On the 27th, the Human Rights Commission announced that it recommended the Commissioner General of the National Police Agency to revise related regulations to minimize infringement on personality rights and the right to self-determination of personal information by guaranteeing the right to defense and procedural rights, such as providing an opportunity to state opinions to suspects of specific violent crimes subject to public disclosure.

The police arrested Kim on March 17, 2019, on charges of murdering Lee’s parents and mutilating the bodies, and held a public disclosure review committee on March 25 of the same year to disclose Kim’s real name and other personal information.

The current Act on the Punishment of Specific Violent Crimes (Special Act on Violent Crimes) stipulates that when there is sufficient evidence to believe that a suspect in a specific violent crime, characterized by cruel means and serious damage, has committed a crime, personal information such as face, name, and age may be disclosed if deemed necessary for public interest, such as guaranteeing the public’s right to know, preventing recidivism, and crime prevention.

Kim Da-woon filed a petition with the Human Rights Commission, stating, "I did not receive any notification before or after the public disclosure process, nor was I given an opportunity to exercise my right to defense, such as making a statement."

The police argued that there are no related provisions in the current law and that the decision to disclose personal information was made considering the seriousness of the crime and public interest based on police agency directives, but the Human Rights Commission did not accept this.

The Commission judged, "Even if specific procedures are not stipulated in related laws, it is appropriate to secure procedural legitimacy by providing prior notice and an opportunity to submit opinions when imposing disadvantageous measures such as public disclosure of personal information, allowing the subject to state their views."

Furthermore, the Commission stated, "This issue arises from the National Police Agency’s failure to establish specific procedures to guarantee the suspect’s right to defense during public disclosure," and "We recommend the Commissioner General of the National Police Agency revise related regulations to guarantee the right to defense and procedural rights of those subject to public disclosure to promote legal and institutional improvements."

Kim Da-woon also claimed that the police conducted coercive investigations and neglected medical treatment, but the Human Rights Commission dismissed these claims due to lack of objective evidence.

Kim Da-woon was indicted on charges of murdering Lee’s parents in an apartment in Anyang-si, Gyeonggi Province, on February 25, 2019, and stealing 500 million won in cash and a luxury foreign car, and was sentenced to life imprisonment in the first trial on February 1 of this year.

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