Commission's Major Activities
National Human Rights Commission of Korea Annual Report 2016
Demonstration Act. The complainant had reported scheduled rallies in ten different locations,
but the rallies were banned by the chief of police for the same reason.
The Commission determined that the ban imposed by the chief of staff was an infringement
on the right to assembly, as rallies can be banned only when they pose a clear, direct threat to
public peace and order, and such a ban is a means of last resort that should be considered only
when all other possibilities for allowing such rallies under certain conditions have all been
exhausted.
● Investigator asking to see lawyer’s note to his client during interrogation
During an interrogation of the accused, a policeman asked the lawyer to show him a note that
had been handed to the accused. Based on a determination that the action constitutes a violation
of the right to consult an attorney, the Commission recommended on 9 June that the chief of
police provide consultation and training for the policemen under his supervision, in order that
they fully guarantee an attorney’s right to assist clients and that they not ask attorneys to reveal
any notes written for their clients. The Commission determined that the act of asking to examine
such notes and memos could actually be considered coercion, that the memo falls under the
accused’s right to privacy and, indeed, had nothing to do with the case, and that doing so could
potentially violate the lawyer’s right to assist the client by exposing their defense strategies.
● Miranda warning during transport after arrest
On 28 September, the Commission recommended that the chief of XX Police organize a
training session for XXX, the policeman who had failed to read the suspect in custody his
Miranda rights in a timely manner.
It was found that when arresting the suspect, the policeman presented the arrest warrant but
failed to read him the Miranda rights, and only gave the Miranda warning later after the suspect
had phoned an acquaintance while being transported in a police car.
The Commission concluded that the policeman’s reading of the Miranda rights was
considerably removed from the time and place of arrest, and that under the given situation there
was no reason for not reading the Miranda before the arrest. Thus, it was determined that the
policeman had conducted an unlawful arrest by failing to fulfill the necessary conditions, which
was an infringement on the personal liberty guaranteed under Article 12 of the Constitution.
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