Human Rights Commission: "Right to Legal Counsel Must Be Guaranteed in Summary Judgment Procedures"

The National Human Rights Commission of Korea (NHRCK) announced on the 27th that the right to legal counsel must not be infringed upon when investigating subjects of summary judgment requests.

On the 19th, the NHRCK recommended to Minister Lee Sang-min of the Ministry of the Interior and Safety to revise the contents of Appendix Form No. 10 (Summary Judgment Offender Detection Report) and Form No. 11 (Summary Judgment Request Form) of the Enforcement Rules of the Minor Offenses Act, so that subjects of summary judgment can be notified of their right to legal counsel and the right to refuse unfavorable statements. Additionally, the Commission recommended that the chief of the relevant police station conduct job training for related police officers to ensure that subjects can receive legal counsel during the summary judgment procedure.

According to the NHRCK, in May 2021, complainant A stated during an investigation for summary judgment that they wished to write a voluntary statement after receiving assistance from a lawyer. However, the investigating officer rejected the complainant’s request, saying there was no need to appoint a lawyer, and made them write the statement. The officer explained, "I guided the complainant through the summary judgment request procedure and had them write the statement, but I never said there was no need to call a lawyer."

However, the NHRCK’s investigation found that the officer told A that "since the case would not be registered as a criminal case and a summary judgment request would be filed, there was no need to appoint a lawyer."

The NHRCK stated, "Summary judgment is a type of special criminal procedure, and the right to legal counsel is recognized." It added, "When judicial police officers obtain statements or confirmations regarding criminal facts from subjects of summary judgment requests, they must notify them of their right to refuse unfavorable statements." Furthermore, "Although notification of the right to legal counsel and the right to refuse statements is not currently an obligation of judicial police officers under existing law, related laws should be amended so that subjects of summary judgment are informed of these rights."

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