Article 1(Purpose) #
The purpose of this Act is to help create a safer society through the guarantee of the citizens' right to know and the prevention of crimes, by prescribing subjects, procedures, etc. in relation to the disclosure of the personal information of suspects or criminal defendants, at the investigation and trial stages, who have been involved in specific serious crimes which have caused serious harm to the State, society and individuals.
Article 2(Definitions) #
The term "specific serious crime" in this Act means any of the following crimes:
1. Crimes concerning insurrection under Chapter I of Part II of the Criminal Act and crimes concerning foreign aggression under Chapter II of Part II;
2. Crimes under Article 114 of the Criminal Act (Organization of Criminal Groups);
3. Crimes under Article 119 of the Criminal Act (Use of Explosives);
4. Crimes under Article 164 (2) of the Criminal Act (Setting Fire to Present Living Building);
5. From among crimes of inflicting bodily injury and violence under Chapter XXV of Part II of the Criminal Act, crimes under Articles 258 (Aggravated Bodily Injury on Other or on Lineal Ascendant), 258-2 (Special Bodily Injury on Another), 259 (Death Resulting from Bodily Injury), and 262 (Death or Injury Resulting from Violence): Provided, That crimes under Article 262 (Death or Injury Resulting from Violence) shall only apply to aggravated bodily injury or death on others;
6. Specific violent crimes under Article 2 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes;
7. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
8. Sex offenses against children or youth under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses: Provided, That crimes under Articles 13, 14 (3), 15 (2) and (3) and 15-2 of that Act shall be excluded;
9. Crimes under Article 58 of the Narcotics Control Act: Provided, That crimes under paragraph (4) of that Article shall be excluded;
10. Crimes under Articles 6 and 9 (1) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics;
11. Crimes under subparagraphs 1 through 10, which are subject to aggravated punishment under other statutes.
Article 3(Relationship to Other Statutes) #
Notwithstanding other statutes, this Act shall prevail with respect to the disclosure of personal information at the investigation and trial stages.
Article 4(Disclosure of Personal Information of Suspects) #
(1) A public prosecutor and a judicial police officer may disclose the face, name, and age of a suspect in a specific serious crime that satisfies all of the following requirements (hereinafter referred to as "personal information"): Provided, That where the suspect is a minor, such information shall not be disclosed:
1. Where a heinous crime was committed, resulting in serious harm (limited to crimes under subparagraphs 3 through 6 of Article 2);
2. Where sufficient evidence exists to prove that the suspect has committed the crime;
3. Where such disclosure is required only for public interest purposes, such as guaranteeing the citizens' right to know, preventing the suspect from repeating the crime, and averting future crimes.
(2) In making a decision to disclose personal information under paragraph (1), public prosecutors and judicial police officers shall take into comprehensive consideration the seriousness of a crime, circumstances after the commission of the crime, the need to protect the victim, the wishes of the victim (including the bereaved family members of the victim if the victim is deceased), etc.
(3) Public prosecutors and judicial police officers shall take into consideration the human rights of suspects and be cautious when deciding whether to disclose their personal information under paragraph (1), and such discretion shall not be abused.
(4) The face of a suspect to be disclosed under paragraph (1) shall be photographed within 30 days before or after the decision on disclosure, unless there is a compelling reason not to do so. In such cases, the public prosecutor and judicial police officer may utilize and disclose any photographs, video materials, etc. lawfully collected and retained in accordance with other statutes or regulations.
(5) If necessary for disclosing the face of a suspect under paragraph (1), a public prosecutor and a judicial police officer may photograph the face of the suspect so that the suspect can be identified. In such cases, the suspect shall comply therewith.
(6) A public prosecutor and a judicial police officer shall provide a suspect with an opportunity to state his or her opinion before making a decision on the disclosure of his or her personal information pursuant to paragraph (1): Provided, That where the opinion of the suspect is already heard by the Deliberative Committee on Disclosure of Personal Information, such opportunity may not be provided.
Article 5(Disclosure of Personal Information of Criminal Defendants) #
(1) A public prosecutor may request the disclosure of the personal information of a criminal defendant from the court having jurisdiction over the current or last residence of the criminal defendant, who was not accused of committing a specific serious crime by the time a public prosecution was instituted but whose charges were changed to a specific serious crime during the course of the trial and who satisfies the requirements under each subparagraph of Article 4 (1): Provided, That this shall not apply where the criminal defendant is a minor.
(2) A request under paragraph (1) shall be made before arguments are closed in the appellate trial for the case involving the specific serious crime.
(3) A decision on a request under paragraph (1) shall be made by a separate court, other than the court that examines a case involving the relevant specific serious crime.
(4) If deemed necessary for making a decision on the disclosure of the personal information of a criminal defendant, a court may hear the opinions of the public prosecutor, the criminal defendant, and other persons for reference.
(5) A court, in receipt of a request under paragraph (1), shall render a decision as to whether to grant such request.
(6) An immediate appeal may be filed against a decision under paragraph (5).
(7) A decision rendered by a court on the disclosure of personal information shall be executed by a public prosecutor, and Article 4 (4), (5), (8) and (9) shall apply mutatis mutandis thereto.
Article 6(Compensation for Suspects) #
(1) A suspect whose personal information has been disclosed under this Act and who has been subject to a non-prosecution disposition by a public prosecutor or a non-transfer decision by a judicial police officer may claim compensation following the disclosure of his or her personal information to the State in addition to criminal compensation under the Act on Criminal Compensation and Restoration of Impaired Reputation: Provided, That this shall not apply where new grounds for a non-prosecution disposition or a non-transfer decision come into existence following the disclosure of his or her personal information, where the relevant non-prosecution disposition or non-transfer decision is not final, or where Article 247 of the Criminal Procedure Act applies.
(2) All or part of the compensation under paragraph (1) may not be paid, in any of the following cases:
1. Where the personal information of the relevant person is deemed to have been disclosed as a result of false confessions or falsification of other evidence of guilt which were intended to mislead an investigation or trial;
2. Where a special circumstance exists to recognize that paying compensation is contrary to good morals or other public order.
(3) The amount of compensation under paragraph (1), deemed adequate, shall be paid, in consideration of all circumstances, not exceeding 10 million won. In such cases, if any property loss is proved to be caused by the disclosure of personal information, such loss shall also be compensated.
(4) Except as otherwise provided in this Act, the Act on Criminal Compensation and Restoration of Impaired Reputation shall apply mutatis mutandis to compensation under paragraph (1) to an extent not contrary to its nature.
Article 7(Compensation for Criminal Defendants) #
(1) Where a criminal defendant whose personal information was disclosed under this Act has received a verdict of not guilty on the relevant specific serious crime charged, which has become final and conclusive, the criminal defendant may claim compensation from the State for having disclosed his or her personal information in addition to criminal compensation under the Act on Criminal Compensation and Restoration of Impaired Reputation.
(2) A court may dismiss all or part of a claim for compensation at its discretion, in any of the following cases:
1. Where a verdict of not guilty is rendered on grounds under Articles 9 and 10 (1) of the Criminal Act;
2. Where the relevant person is deemed to have been indicted, his or her personal information is deemed to have been disclosed, or a verdict of guilty has been rendered as a result of false confessions or falsification of other evidence of guilt which were intended to mislead an investigation or trial;
3. Where a criminal defendant whose personal information was disclosed on charges of multiple specific serious crimes has received a verdict of not guilty on one specific serious crime out of multiple crimes, but has received a guilty verdict on another specific serious crime.
(3) The amount of compensation under paragraph (1), deemed adequate by a court, shall be paid in consideration of all circumstances, not exceeding 10 million won. In such cases, if any property loss is proved to be caused by the disclosure of personal information, such loss shall also be compensated.
(4) Except as otherwise provided in paragraph (1), the Act on Criminal Compensation and Restoration of Impaired Reputation shall apply mutatis mutandis to an extent not contrary to its nature.
Article 8(Deliberative Committee on Disclosure of Personal Information) #
(1) The Prosecutor General and the Commissioner General of the Korean National Police Agency may establish a Deliberative Committee on Disclosure of Personal Information to deliberate on the disclosure of personal information under Article 4.
(2) The Deliberative Committee on Disclosure of Personal Information shall be composed of not more than 10 members, including the chairperson.
(3) The Deliberative Committee on Disclosure of Personal Information shall provide a suspect with an opportunity to state his or her opinion, when deliberating on the disclosure of his or her personal information.
(4) No current or former member of the Deliberative Committee on Disclosure of Personal Information shall disclose or divulge any confidential information he or she has become aware of in the course of deliberation.
(5) Details regarding the composition, operation, etc. of the Deliberative Committee on Disclosure of Personal Information shall be determined by the Prosecutor General and the Commissioner General of the Korean National Police Agency.
Article 9(Offense of Divulging Confidential Information) #
A person who discloses or divulges confidential information in violation of Article 8 (4) shall be punished by imprisonment with or without labor for not more than one year, or by a fine not exceeding 10 million won.