Ministry of Justice Implements Revised Regulations on Prohibition of Criminal Case Disclosure Starting Today

[Asia Economy Reporter Kim Hyung-min] The Ministry of Justice has revised the "Regulations on the Prohibition of Disclosure of Criminal Cases" to prevent the leakage of investigation information and strictly limit the scope of public disclosure of criminal cases, and will implement it from the 17th.

The Ministry of Justice announced that it has prepared the revised bill and will implement it immediately. The key points of the revision include expanding the scope of pre-indictment disclosure with strict criteria, clarifying and specifying exceptional disclosure requirements, establishing grounds for fact-finding investigations by human rights protection officers related to the leakage of investigation information, guaranteeing the right to rebuttal, and adding considerations for deliberations by the Criminal Case Disclosure Review Committee.

First, when investigation information is leaked, human rights protection officers at each prosecution office will have the authority to conduct fact-finding investigations. The human rights protection officer can initiate an investigation if a person other than the prosecutor or investigator in charge of public relations is suspected of intentionally leaking investigation information through contact with the media.

If any misconduct within the prosecution is found through this fact-finding investigation, it must be reported to the head of the affiliated prosecution office. The head of the prosecution office who receives the report must take necessary measures.

The revision also expands the scope of public relations to allow the disclosure of the initiation of investigations or receipt of cases, subjects, charges or allegations, names of investigative agencies, and investigation status through a resolution of the Criminal Case Disclosure Review Committee when necessary, even during an ongoing investigation.

Reflecting criticism that the scope of disclosure is limited or unclear even when resolved by the Criminal Case Disclosure Review Committee, the revision subdivides the scope of disclosure by investigation stages and presents the criteria accordingly.

Additionally, the publication of suspect facts is exceptionally allowed only when there are "objective circumstances that reasonably lead to the belief that the suspect committed the crime." The scope of disclosure is also limited to information based on objectively sufficient evidence or materials.

However, digital sex crimes such as the "N-beonbang incident," telecommunication financial fraud, crimes violating the Infectious Disease Control and Prevention Act, and terrorism are exempted from the restriction on publication of suspect facts, considering the rapid spread of damage or high risk of recurrence of similar crimes.

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