16
Article 9
11. Guarantee of the Right to Legal Counsel
The Criminal Procedure Act, amended in 2007, provides that unimprisoned
suspects shall not be restricted the right to a lawyer (para. 157). However, it specifies
an opinion of a counselor who participates in interrogation shall be stated after the
interrogation, in principle. Regarding any unfair interrogation methods, a counselor
may raise an objection even in the middle of an interrogation, state his/her opinion
after winning an approval from a prosecutor or a judicial police, and A suspect cannot
decide whether the criminal can receive counsel on individual questions.
In 2013, the NHRCK recommended the Korean National Police Agency
Commissioner General to amend the Regulations on Criminal Procedure so as to
assure a suspect the right to legal counsel and advice, for example by allowing an
attorney to engage in interrogation without any restrictions. The NHRCK also
recommended the improvement of practices that limit the attorney’s legal counsel and
advice.
Question
What plans does the Government have to practically guarantee a suspect the right to
legal counsel during interrogations?
12. Protection Procedures for detained Foreigners in Immigration Processing
Center (Foreigner Protection Center)
Under the Immigration Control Act, protected foreigners in protection facilities can
appeal to the Minister of Justice. However, the Act does not stipulate the grounds and
conditions for such appeals, and in most cases, they are denied. Even the Protection of