"Mistaken Charge Must Be Corrected Even After Transfer to Prosecution"…ACRC Recommends Rectification

Correction Not Allowed After Case Is Forwarded to Prosecution
Administrative Convenience Practices Criticized
System Improvements and Officer Training Recommended

The Anti-Corruption and Civil Rights Commission (ACRC) has expressed the opinion that if the police input incorrect case information—such as the charge—into the Criminal Justice Information System (KICS), the information must be corrected even after the case has been forwarded to the prosecution.

Anti-Corruption and Civil Rights Commission, Government Complex Sejong. Photo by Hyunmin Kim

According to the ACRC on April 16, a personal taxi driver, referred to as Mr. A, was involved in a rear-end collision caused by the negligence of the driver behind him. During the investigation, the police found that Mr. A’s vehicle was not covered by mandatory insurance and sent the case to the prosecution on charges of violating the Automobile Liability Security Act.

Subsequently, when Mr. A searched for his charge on the National Police Agency’s Criminal Justice Information System, he discovered that it appeared as “violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents,” which could be interpreted as him being responsible for the accident. Mr. A requested the police station to correct the charge, but was told that “once a case is forwarded to the prosecution, it is not possible to modify the case information in the Criminal Justice Information System.” In December last year, Mr. A filed a complaint with the ACRC over this matter.

The ACRC’s investigation found that the record indicating Mr. A was at fault for the traffic accident could cause him future disadvantages, and that maintaining errors in case processing due to system limitations is inappropriate. The commission also determined that improvements are needed in the system functions of the police’s Criminal Justice Information System and recommended that the police correct the wrongly entered case information, specifically the “charge.”

The commission also requested that the police station implement measures such as training for officers to prevent similar complaints from recurring.

Hansam Seok, Vice Chairman and Secretary General of the ACRC, pointed out, “It is an administrative convenience practice to leave citizens to bear disadvantages and not resolve the issue immediately, even when their rights and interests may be infringed due to erroneous administrative procedures by public officials.”

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