by Na Juseok
Published 25 Mar.2024 11:35(KST)
Updated 25 Mar.2024 15:29(KST)
Jo Guk, leader of the Jo Guk Innovation Party, stated on the 25th regarding allegations that the prosecution stored and utilized personal information not included in the search warrant in the 'Digital Investigation Network (D-NET)' that "Since this is a clear violation of the law, the High-ranking Officials' Crime Investigation Agency must initiate an investigation and immediately conduct a search and seizure to preserve evidence."
At a press conference held at the National Assembly on the same day, Jo said, "The prosecution's organized criminal acts have been revealed," adding, "Sensitive personal information obtained through search and seizure beyond the scope during the investigation process is being stored and utilized, even though such private information should be discarded." He continued, "This exposes the true nature of the prosecution's illegal civilian surveillance tool, 'D-net.' No matter how much the person is a subject of investigation, collecting and utilizing SNS conversations, text messages, recordings, emails, videos, etc., stored on digital devices not permitted by the warrant is tantamount to civilian surveillance. This is a new type of digital crime evolved in line with the advancement of digital technology."
The Jo Guk Innovation Party had previously reported former and current Prosecutor Generals such as Yoon Seok-yeol, Kim Oh-soo, Lee Won-seok, and special prosecutors including Kang Baek-shin, head of the Anti-Corruption Investigation Division 1 at the Seoul Central District Prosecutors' Office, to the High-ranking Officials' Crime Investigation Agency regarding D-NET. In addition to the report to the agency, the Jo Guk Innovation Party also announced plans for a national audit in the 22nd National Assembly concerning this matter.
Regarding the prosecution's claim that they viewed D-NET under 'strict control,' Jo said, "It can be immediately confirmed by checking the login records to see who viewed unrelated information." He also claimed, "I am aware that a situation was created where records are not left by using a backdoor to avoid login records. Everyone who received reports and utilized this also committed illegal acts."
At the end of the press conference, Jo urged, "Citizens who have been harmed or fear they may be harmed by the prosecution's illegal 'digital cabinet' should report it to the 'Prosecution Electronic Cabinet Reporting Center' on the Jo Guk Innovation Party website," adding, "Do not be afraid. It is not you who are wrong, but they."
Kim Hyung-yeon, a proportional representative candidate of the Jo Guk Innovation Party and former head of the Ministry of Government Legislation, commented on the allegations, saying, "If investigative agencies are to restrict the peace and freedom of citizens' private lives and other fundamental rights, there must be a warrant issued by a judge or specific legal grounds," adding, "If there are prosecutors who do not know these constitutional principles, they are not qualified as prosecutors who have the duty to protect citizens' human rights and comply with due process." He criticized the collection, use, and utilization of information unrelated to the warrant, so-called irrelevant information, as "a violation of the warrant principle under the Constitution and Criminal Act and a violation of the principle of legal reservation," further stating, "It is not just a simple violation of constitutional principles but also constitutes a criminal act under current law."
Cho Kuk, leader of the Cho Kuk Innovation Party, is holding a press conference on the "Prosecution's Illegal Surveillance of Civilians" at the National Assembly on the 25th. Representative Cho stated, "According to the investigative reporting outlet Newsbus, the prosecution has illegally collected, managed, and utilized personal information and private data from mobile phones that were not included in the search warrant issued by the court and were not subject to the search." He added, "Information unrelated to the investigation must be immediately destroyed." Photo by Kim Hyun-min kimhyun81@
원본보기 아이콘Regarding the Supreme Prosecutors' Office's explanation that D-NET information is necessary to verify the identity between copies and originals, candidate Kim said, "Are you saying that the identity of the original is verified by the copy?" He added, "I served as a judge for 18 years, but I have never heard of verifying the identity of the original by a copy uploaded to D-NET." Furthermore, he rebutted, "Although they are the same investigative agencies, the police and coast guard do not collect any personal information unrelated to the criminal charges that are grounds for issuing a warrant under the pretext of verifying the identity of the original."
Regarding the prosecution's explanation that access was restricted to authorized personnel only, candidate Kim questioned, "Are you saying that former Prosecutor General Yoon Seok-yeol (President) and former Anti-Corruption Division Chief Han Dong-hoon (Emergency Response Committee Chairman of the People Power Party), who have authority, frequently viewed files containing illegally collected citizens' private information?" He pointed out, "Collecting personal information unrelated to criminal charges that are grounds for issuing a warrant under current law is a criminal act, and viewing such information is also a criminal act."
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