"Can't Recognize in Person" vs "Concerns Over Secondary Damage" Controversy on Expanding Criminal Identity Disclosure

"Personal Information Disclosure Photos Differ from Actual Faces"
No Current Law Specifies Disclosure Methods... Cannot Prevent Masked Faces
Citizens Demand Active Disclosure of Personal Information Such as Mugshots
Experts Say "Personal Information Disclosure Enhances Crime Prevention... Need to Legislate Disclosure Methods"

Publicly released resident registration photo of Kang Yoon-sung (left) and Kang Yoon-sung being transferred for prosecution detention at Songpa Police Station in Seoul on the 7th (right). /Photo by Seoul Metropolitan Police Agency, Yonhap News

[Asia Economy Reporter Park Hyun-joo] Recently, as violent crimes such as electronic anklet tampering and murder have occurred one after another, voices calling for the expansion of personal information disclosure are emerging. There are criticisms that the disclosed photos differ from the actual appearance, undermining the purpose of the system. Moreover, under current law, there is no way to prevent suspects standing at the photo line from covering their faces or wearing masks.

Disclosure of criminal personal information has been conducted since 2010 under the Act on Special Cases Concerning the Punishment of Specific Violent Crimes, by revealing the face and name of suspects detained for violent crimes. The Personal Information Disclosure Deliberation Committee, composed of three internal police members and four external members, decides whether to disclose personal information based on certain criteria such as the severity of the crime, the clarity of the facts, and public interest.

◆ Cannot prevent suspects from covering faces or wearing masks... Need to improve 'personal information disclosure method'

On the 2nd, the Seoul Metropolitan Police Agency decided to disclose the name, age, and face photo of Kang Yoon-sung, who tampered with an electronic anklet and murdered two women. The disclosed photo was his resident registration photo. After the disclosure, when it became known that Kang Yoon-sung, who had fled, was arrested, citizens responded that it was difficult to recognize him because the disclosed resident registration photo differed from his actual appearance.

Office worker Park (27) said, "The disclosed photo looks gentle, but the appearance shown through the media does not look good," adding, "Not only Kang Yoon-sung but also the photos of other suspects whose personal information was disclosed are all old photos, so it seems hard to recognize them. Moreover, they are wearing masks now, aren't they?"

Criticism is emerging that the method of disclosing suspects' faces should be changed. Since the current law or enforcement decree does not specify the method of face disclosure, there is a criticism that the effectiveness of the system is reduced when the disclosed face differs from the actual face.

Currently, the police disclose the name, age, and face photo only for suspects whose personal information disclosure has been decided, and later, the suspect's appearance at the photo line is naturally revealed through the media. However, if the suspect covers their face or wears a mask, there is no way to forcibly prevent it. In 2019, Go Yoo-jeong, who was detained on charges of murdering her ex-husband, covered her entire face with hair, drawing ridicule as a "hair curtain."

This year, seven suspects had their personal information disclosed, including Kang Yoon-sung, △Kim Young-jun (illegal filming and distribution of body cam videos of 1,300 men), △Kim Tae-hyun (murder of three mothers in Nowon), △Baek Kwang-seok and Kim Si-nam (murder of middle school students in Jeju), △Choi Chan-wook (production of child sexual exploitation materials), and △Heo Min-woo (murder at a karaoke in Incheon).

Among them, only Kim Tae-hyun, Choi Chan-wook, and Heo Min-woo removed their masks and revealed their faces to the public at the photo line. The others all avoided face disclosure by wearing masks or lowering their heads despite the media's requests.

Goyujeong, who was detained and indicted on charges of murdering her ex-husband, is being transferred to Jeju District Court on the afternoon of September 2, 2019, to attend her second trial. [Image source=Yonhap News]

◆ Citizens demand active disclosure of personal information... Ministry of Justice: "Mug shots possible only with suspect's consent"

Given this situation, public opinion is emerging among citizens that identification photos (mug shots) taken at the time of suspect arrest should be disclosed to realize public interest such as crime prevention. Citizens are demanding active disclosure of personal information, citing the U.S. case where mug shots are publicly released when a person is arrested for a crime.

The case of Japan, where real-name reporting is the principle in crime reporting, is also mentioned. Hwang (26), a Korean national arrested in Tokyo last month on charges of sexually assaulting a high school student, had his face, name, and age disclosed by Japanese media, but domestic media reported with his face mosaicked. Hwang is accused of touching parts of a late-teen high school student during private tutoring around 8 p.m. on July 15.

However, legally, it seems difficult to disclose mug shots. Last year, the National Police Agency requested a legal interpretation from the Ministry of Justice to review the legal validity of mug shot disclosure, but the Ministry of Justice responded, "Mug shots are possible if the suspect consents." This means that the Ministry of Justice effectively put a brake on mug shot disclosure by requiring the suspect's consent for photographing and disclosure.

◆ Concerns about secondary damage to family and acquaintances... Expert: "Need to codify regulations to enhance system effectiveness"

However, there are concerns about secondary damage to the families and acquaintances of suspects unrelated to the case if personal information disclosure is expanded. According to the police on the 9th, the Police Human Rights Committee expressed serious concerns about human rights violations and side effects of the personal information disclosure system at its regular meeting at the end of last month, recommending that disclosure should be conducted within the minimum scope only when it serves crime prevention and investigation purposes.

They also urged the establishment of guidelines to prevent secondary damage. The Police Human Rights Committee stated, "When photos are disclosed, direct face disclosure should be minimized, and since there is a high possibility of secondary damage such as exposure of personal information of family, relatives, and friends, improvement measures such as creating 'secondary damage prevention guidelines' should be prepared."

Experts emphasized the public interest aspect of the personal information disclosure system for crime prevention. Professor Choi Jong-sul of Dong-Eui University’s Police Administration Department explained, "Despite the side effect of stigmatizing the individual criminal, personal information disclosure is a useful system in many ways. First, it informs citizens of the criminal's face to be cautious, and also acts as a significant pressure or guilt on the criminal, serving as a crime deterrent."

He suggested that supplementary measures should be prepared to enhance the system's effectiveness. Professor Choi advised, "If ordinary citizens find it difficult to recognize the criminal, supplementary measures are necessary. Since the current system does not regulate detailed aspects, one way could be to codify the face disclosure method and photo regulations through legal amendments."

Regarding secondary damage to people around suspects, he added, "Since the system is already implemented based on social consensus, the disclosed individuals must bear some responsibility. Care should be taken so that family and acquaintances unrelated to the crime are not unfairly criticized."

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