Handonghun: "What Must Be Prevented Is Anti-Constitutional Totalitarianism"... Ministry of Justice Criticized for Research on 'Forced Mobile Phone Password Unlocking'

Chief Prosecutor Han Dong-hoon. Photo by Jin-hyeong Kang aymsdream@

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Prosecutor Han Dong-hoon pointed out in response to a recent report by this publication that the Ministry of Justice has completed a research project related to the 'forced unlocking of mobile phone passwords,' stating, "What must be prevented is not Han Dong-hoon, but this kind of 'anti-constitutional totalitarianism.'"

In a statement titled released on the 14th, Prosecutor Han emphasized, "The constitutional right to defense is a fundamental principle of democracy that many people have shed blood to protect for hundreds of years," adding, "Not only myself but also many citizens, including candidate Lee Jae-myung, have exercised the constitutional right to defense."

Lee Jae-myung, the Democratic Party presidential candidate, did not disclose the password of the iPhone seized by the police in 2018 during an investigation into allegations that he ordered the forced hospitalization of his older brother.

Prosecutor Han further stressed, "The real thing that must be 'prevented' is not Han Dong-hoon, but this kind of 'anti-constitutional totalitarianism.'"

The day before, Asia Economy reported that the Ministry of Justice had quietly conducted a research project on the so-called 'Han Dong-hoon Prevention Act,' a 'mobile phone password unlocking law' promoted by former Minister of Justice Choo Mi-ae, and completed it in just 100 days.

The Ministry of Justice began the research project in early September last year, focusing on penalizing the failure to comply with password unlocking of digital devices as obstruction of justice, and confirmed that all related procedures, including the final report, were completed in early last month.

The Ministry of Justice stated that it has not yet decided how to utilize the research results. However, since the legislative research ordered by former Minister Choo Mi-ae in 2020 was actually conducted after the minister was replaced, and because among the professors involved in the research there are those who have supported the introduction of a law allowing forced password unlocking under certain conditions, the possibility that the Ministry of Justice will pursue actual legislation cannot be ruled out.

In November 2020, former Minister Choo Mi-ae raised the issue of Prosecutor Han's mobile phone password unlocking and instructed to consider enacting a law that would enforce password unlocking of mobile phones by court order and impose sanctions for non-compliance, referring to foreign legislative examples.

However, at that time, criticism arose not only from the opposition parties but also within the ruling Democratic Party, and various bar associations and civic groups pointed out that it was a violation of human rights.

Jang Hye-young, then floor spokesperson for the Justice Party, emphasized, "This is an act that shakes the prohibition of forced confessions, the right to remain silent, the right to self-defense, and the presumption of innocence guaranteed by existing criminal law," adding, "Article 12 of our Constitution contains the right not to be forced to give self-incriminating testimony."

Geum Tae-seop, a former Democratic Party lawmaker who left the party, criticized, "Even as a lawyer, I am ashamed," and questioned, "How is this different from a law that forces confessions and punishes those who do not confess?"

The Korean Bar Association expressed serious concerns in a statement, saying, "We are deeply concerned that the Minister of Justice, who has the duty to uphold constitutional values, is pushing for the enactment of the 'forced mobile phone password unlocking law,' which contradicts the Constitution," and demanded, "The minister must immediately withdraw actions that violate the Constitution."

The Lawyers for Human Rights and Unification of Korea (Hanbyun) filed a complaint with the Supreme Prosecutors' Office against former Minister Choo on charges of abuse of authority, pointing out that "ordering the enactment of a law that enforces mobile phone password unlocking and sanctions non-compliance infringes on the constitutional right to remain silent."

The Lawyers for a Democratic Society (Minbyun) stated in a press release, "The Constitution clearly states the principle of the right to refuse self-incrimination, which protects anyone from being forced to give self-incriminating testimony in criminal cases," and condemned former Minister Choo's directive to consider enacting such a law as an infringement on the constitutional right to remain silent.

Participation Solidarity also commented, "This is an attempt to introduce the 'obstruction of justice' offense, which was previously proposed by the Lee Myung-bak administration but discarded due to human rights controversies," and urged, "The Ministry of Justice must immediately halt consideration of this anti-human rights and regressive measure against prosecutorial reform."

In March 2020, after MBC reported the 'Channel A coercion attempt' case as 'media-prosecution collusion,' former Minister Choo, in June of the same year, removed Prosecutor Han, who was serving as deputy chief prosecutor at the Busan High Prosecutors' Office, from his duties and demoted him to the Legal Research and Training Institute in Jincheon.

However, in August 2020, the prosecution indicted former Channel A reporter Lee Dong-jae without naming Prosecutor Han as a co-conspirator in the indictment, and in July last year, the court acquitted Lee Dong-jae.

On the other hand, Jeong Jin-woong, former head of the Criminal Division 1 at the Seoul Central District Prosecutors' Office, who claimed there was sufficient evidence to prove Prosecutor Han's charges, was indicted and convicted for abuse of authority after attempting to secure Prosecutor Han's mobile phone SIM card to obtain additional evidence.

At a press conference held on December 29 last year, Minister Park Beom-gye responded to a question asking, "Isn't delaying the non-prosecution decision due to the forensic examination of Prosecutor Han's mobile phone contrary to the principle of legality and the presumption of innocence?" by saying, "This case is one where various values pursued by criminal procedure law, such as the discovery of substantive truth and the obligation to comply with due process, are intertwined," and added, "Although I cannot provide specific details about the equipment used or how the process is proceeding, I understand that the (mobile phone) forensic examination is ongoing."

However, the next day, a media outlet reported that contrary to Minister Park's statement, the prosecution neither sent Prosecutor Han's mobile phone to Israel nor continued the forensic examination internally, and that the forensic work had already been halted.

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