Mugshots of Major Crime Suspects and Defendants Can Now Be Taken and Released by Force

Significant Expansion of Crimes Subject to Public Disclosure
Defendants with Changed Charges During Trial Also Included

Starting early January next year, it will be possible to mandate the photographing and public disclosure of front and side mugshots of suspects or defendants in serious crimes.

The range of crimes for which personal information can be disclosed has been significantly expanded, and the photos disclosed must be recent ones taken within about 30 days before or after the decision to disclose personal information. Procedures have also been established for appeals against court decisions to disclose personal information of defendants, as well as for compensation claims when suspects whose personal information has been disclosed receive non-prosecution or non-indictment decisions.

Mugshot of Choi Yoon-jong, the sexual assault and murder suspect in Sillim-dong, released by the police. [Provided by Seoul Metropolitan Police Agency]

On the 6th, the Ministry of Justice announced that the National Assembly plenary session passed the bill titled the "Act on the Disclosure of Personal Information of Suspects of Specific Serious Crimes," which expands the disclosure of personal information of certain serious criminals and enables investigative agencies to take mugshots.

A mugshot refers to a photograph taken by investigative agencies at the time of arrest for the purpose of recording the suspect's facial features and attire.

The bill passed by the National Assembly on this day centers on disclosing photos taken by investigative agencies within 30 days of the decision to disclose personal information. Forced photographing will also be possible if necessary.

Under current law, crimes subject to personal information disclosure were limited to specific violent crimes and sexual offenses. However, this bill defines the crimes subject to disclosure as "specific serious crimes" and enumerates them, significantly expanding the list to include offenses such as rebellion and foreign exchange crimes, use of explosives, arson causing death or injury to current structures, serious injury and special injury, sexual crimes against children and adolescents, organized crime, and drug offenses.

Additionally, the scope of disclosure, which had been limited to "suspects," now includes "defendants." However, for defendants, disclosure of personal information is only possible by court decision if the charges are changed to specific serious crimes during the trial stage. Whether to disclose personal information is to be decided by a separate court, and suspects may immediately appeal the court's disclosure decision. Disclosure requests are prohibited if the suspect or defendant is a minor.

Previously, even if disclosure of personal information was decided, photographs of the suspect’s face could not be taken without their consent, making it difficult to disclose mugshots. This led to criticism that the public’s right to know was not adequately guaranteed, as the disclosed photos often differed significantly from the actual appearance.

Considering these points, the bill provides for the disclosure of the suspect’s recent appearance (within about 30 days before or after the disclosure decision) and establishes a legal basis for investigative agencies to forcibly photograph and disclose the suspect’s face. Personal information will be disclosed via information and communication networks for 30 days.

Several procedural improvements have also been made.

The Personal Information Disclosure Review Committee, which has been operated in police practice based on internal guidelines of the National Police Agency, faced criticism for lacking objectivity and public accountability in its composition. To address this, the bill establishes a legal basis for the committee and introduces provisions penalizing members for leaking confidential information.

Prosecutors and judicial police officers must provide suspects with an opportunity to state their opinions before deciding to disclose personal information, and personal information must be disclosed after a grace period of at least five days from the date the suspect is notified of the disclosure.

If a suspect whose personal information has been disclosed receives a non-prosecution disposition from a prosecutor or a non-indictment decision from a judicial police officer, the bill establishes provisions allowing them to claim compensation from the state for the disclosure of personal information, separate from existing criminal compensation.

The Ministry of Justice explained the background of the legislative push, stating, "Recently, heinous crimes such as dismemberment murders and serial killings, which are antisocial and inhumane, have continued to occur, and public anxiety has intensified due to crimes with abnormal motives or retaliatory crimes. However, there have been criticisms that the public’s right to know about criminals is not sufficiently guaranteed. In response, the ruling party and the Ministry of Justice, following a high-level party-government meeting on June 18, reflected the public demand to expand the public’s right to know about serious crimes by expanding the disclosure of personal information of serious criminals and establishing a legal basis for investigative agencies to take mugshots."

Between June and July this year, the Anti-Corruption and Civil Rights Commission collected public opinions, with 94.3% of respondents supporting the expansion of crimes subject to personal information disclosure and 95.5% supporting the need for mugshot disclosure.

The bill will take effect three months after its promulgation.

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