ANNUAL REPORT 2015
conduct stronger supervision and inspection on the city welfare facilities more than once a year,
and enforce additional education upon the personnel in those facilities as a part of the preventive
measures.
G. Recommendation to address the issues involved in disclosing personal
information of the defendant in an official gazette when he or she was found
not guilty in retrial
Following the Constitutional Court ruling that adultery is found unconstitutional in February,
2015, there are more and more defendants lodging an appeal for a new trial to receive an
acquittal. In this case, however, personal information of the defendant, the charge against him or
her, and the actual names of people involved as well as the details of the ruling are disclosed in
an official gazette. Media coverage and appeal made to the Commission concerning the matter
criticized the fact such proceedings violate the personal rights of people involved in such cases.
According to Article 440 of the Criminal Procedure Act, it requires the court to disclose the
information of the ruling in an official gazette and local newspapers when an acquittal is issued
without prior consent of the defendant concerned. Also, the Commission confirmed that such
disclosed information included not only the name of the defendant, but also his or her date
of birth, occupation, residence, and registered address, as well as the actual names of people
concerned.
Therefore, the Commission issued a recommendation on September 23rd to:
1. have the Minister of Justice revise Article 440 of the Criminal Procedure Act so that the
court cannot disclose the information of the ruling without prior consent of the defendant; and
2. have the Chief Justice prepare and implement the concrete guidelines to refrain from
disclosing personal information of the defendant and people involved any more than
necessary for the rehabilitation of the defendant when the court posts the information on an
official gazette.
H. Suo motu investigation on the right to counsel of criminal inmates and
recommendation to improve the situation
The Commission conducted a suo motu investigation on five courts regarding the violation
of criminal inmate’s right to counsel with an attorney when he or she is summoned to the court.
Should the inmate want to see his or her attorney or if the attorney wants to see the inmate,
24 | National Human Rights Commission of Korea