request of family members following death of prisoners, and it is deemed to violate the
principle of prohibiting excessive force and the right to self-determination as the
stipulation can be interpreted that DNA identification information may be retained until the
death of the person. (July 25, 2011)
2) Opinion on Supreme Court Case # 2011Mo1122 (so-called ‘Murder of Homeless Girl at
Suwon Station’)
Mr. Jung (‘the complainant’) who re-appealed to the Supreme Court case #
2011Mo1122 (‘the re-appeal case’) petitioned for an emergency remedy, requesting for
immediate suspension of sentence citing a just cause when his accomplices was found not
guilty. (November 8, 2011)
The Commission found that the complainant did not receive sufficient support needed
to exercise his right to self-defense including presence of a guardian during the
investigation despite special circumstances such as being a homeless and having less
intelligence and cognitive acuity. It also noted that the only key evidence for convictions of
the Suwon District Court (2007 Gohap 215) and the Seoul High Court (No 1972) were
confessions of the complainant and his accomplice, Mr. Kang, and the credibility of the
confessions were rejected by the Seoul High Court (2008 No 1914) and the Supreme Court
(2009 Do 1151), as well as Suwon District Court (2010 No 5732) on a perjury charge
against the complainant.
Given all the circumstances, the Commission found that the complainant may have been
wrongfully accused, which seemed to be a result of being denied of special support
necessary to exercise his right to defend himself against criminal charges in violation of
not only his constitutional rights but also rights of persons with disabilities and other
vulnerable groups.
Accordingly, the Commission submitted its opinion to the appellate court to consider all
pertinent facts, as the final ruling on the re-appeal case may not fully reflect substantial
truth. (November 28, 2011)
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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