"Side Effects of Identity Disclosure... Uniform Application of 'Mugshots' Is Difficult"

Professor Jang Young-su of Korea University MBC Radio Interview
"No Risk of Additional Crimes from the Arrested Suspect"

[Asia Economy Reporter Kang Joo-hee] The case of Lee Ki-young, who killed a taxi driver and his cohabiting woman, has once again brought the effectiveness of the suspect identity disclosure system into question. There have been criticisms that the release of old photos that differ from the suspect's current appearance does not align with the system's purpose of crime prevention. However, experts point out that the identity disclosure system itself has significant side effects.

On the 3rd, Professor Jang Young-soo of Korea University Law School stated in an interview with MBC Radio's 'Kim Jong-bae's Focus' that "the disclosure of a suspect's identity should be done cautiously," mentioning that there have been cases where the disclosed individual was later found not to be the perpetrator.

Professor Jang said, "In such cases, not only does the individual suffer tremendous damage, but their family also endures serious distress," adding, "Rather, identity disclosure should be firmly recognized only when the suspect has not been caught and there is a concern of additional crimes."

Lee Gi-young, who was arrested on charges of consecutively murdering his cohabiting woman and a taxi driver. / Yonhap News Agency, Gyeonggi Northern Provincial Police Agency

Professor Jang summarized the conditions for suspects subject to identity disclosure into three categories: when the perpetrator has not been arrested, when the suspect is a public official or other public figure, and when the matter is important from the public's right to know perspective. Regarding Lee, whose identity was disclosed despite already being arrested and not being a public figure, he analyzed, "It seems that the government judged it to be a matter of national significance that should be disclosed to the public. On the other hand, in the case of the Jeju restaurant owner murder, it did not reach that level, so the review committee appears to have decided not to disclose the identity."

Regarding demands to release the mugshot of suspects whose identity disclosure has been decided, Professor Jang said, "Of course, there is some merit to that," but explained that it should also be considered whether there is a concern of additional crimes.

He explained, "If there is a concern about additional crimes, it would be meaningless unless a photo close to the current appearance is released, and if necessary, even a composite sketch should be made," adding, "However, if the suspect is already arrested and there is no concern of additional crimes, the presumption of innocence and protection of portrait rights cannot be ignored legally."

He continued, "Although the suspect is arrested, they should be considered innocent until a guilty verdict is confirmed. Forcing the taking of photos and forcibly disclosing the face is not acceptable," and pointed out, "To allow mugshots, a separate legal basis must be established."

However, Professor Jang said, "Even if the law is amended, it will be difficult to apply mugshots uniformly," explaining, "The presumption of innocence principle is itself stipulated in the Constitution, so (even if the law is amended) it cannot be denied."

However, "For example, if the (suspect's) photo is more than 10 years old, or if there are issues related to the purpose of identity disclosure such as reluctance to disclose even if the photo exists, conditions could be set to allow disclosure," he said.

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