To Stop Another Lee Seon-gyun... "Suspects Should Be Given the Right to Request Non-Disclosure"

Expert Criticism at Legislative Forum in National Assembly on 30th
"Introduction of Punitive Damages System for Media Companies Also Needed"

"The responsibility for actor Lee Seon-gyun's death lies with both the investigative agencies and the media."

Regarding the case of actor Lee Seon-gyun, who died while under police investigation for drug use allegations, there has been a call to grant suspects the 'right to request prohibition of disclosure of suspect facts.' There was also a proposal to introduce liability for damages against the media.

Late Lee Sun-kyun, resting in peace surrounded by colleagues
[Photo by Yonhap News]

Baek Min, a lawyer affiliated with the Judicial Center of the Lawyers for a Democratic Society (Minbyun), stated this on the 30th at a legislative forum held at the National Assembly Members' Office Building in Yeongdeungpo-gu, Seoul. At this event, Lawyer Baek argued, "If investigative agencies disclose suspect facts, the Criminal Act and Criminal Procedure Act should be amended to allow suspects to request the court to delete and prohibit the disclosure of such facts."

He emphasized that based on the 'Regulations on Prohibition of Disclosure of Criminal Cases' enacted by the Ministry of Justice in 2019, Article 126 of the Criminal Act should be revised to clearly define the perpetrator, the content and scope of suspect facts, methods of disclosure, and justifications for illegality.

Lawyer Baek pointed out, "Recently, investigative agencies have been effectively disclosing suspect facts by announcing investigation situations and testimonies obtained during the investigation process," and added, "Not only 'disclosure' but also 'leakage' of suspect facts should be included in the scope of punishable offenses." He further proposed, "If suspect facts are disclosed before trial, making a fair trial difficult, the court should have the provision in the Criminal Procedure Act to postpone the trial for more than six months either ex officio or upon the defendant's request."

Additionally, he noted that when suspect facts that could prejudice the court are suspected to have been disclosed by the prosecution or police before indictment, such disclosures should not be admissible as evidence of guilt. Lawyer Baek also argued for the introduction of punitive damages requiring media outlets that illegally report suspect facts based on information provided by investigative agencies to compensate more than three times the damages.

Director Bong Joon-ho urging for the truth to be revealed
[Photo by Yonhap News]

He criticized, "Disclosure of suspect facts tends to be amplified mutually because of the aligned interests of investigative agencies promoting their achievements and media outlets' sensational reporting," adding, "Existing damage compensation systems are not effective measures against media companies."

Since the enactment of the Criminal Act in 1953 until 2018, a total of 566 people have been booked for the crime of disclosing suspect facts, but there have been no precedents of punishment, leading to continuous criticism that the law is effectively obsolete.

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