National Human Rights Commission of Korea Annual Report 2019
The police station and the National Police Agency both accepted the recommendations.
Unjustified distribution of personal information by the prosecution
The Commission found that sending prisoners’ personal information extensively to correctional
facilities where the prisoners are not accommodated, to seize prisoner money to collect unpaid
fines, is a violation of human rights. On September 17, it recommended the head of the district
prosecutors’ office to train the staff and prevent a recurrence in the future.
office sent to 25 correctional facilities a letter regarding seizure of prisoner money for collection
registration number, address, and unpaid amount. In addition, the investigator also sent by postal
mail reports and seizure notices containing the name, resident registration number, address, and
unpaid amount of prisoners who have unpaid fines to the correctional facility where each of the
prisoners are detained.
The Commission found that sending reports and seizure notices to the correctional facility
where each prisoner is detained would have achieved the intent of seizing money to collect unpaid
fines. However, sending their personal information even to those facilities where they are not
detained is an act of excessive distribution of personal information beyond the level necessary to
achieve the purpose, and thus is a violation of the rule of proportionality specified in Article 37 of
the Constitution and a violation of the right to informational self-determination.
The district public prosecutor’s office accepted the recommendation.
Excessive use of force by the police during arrest
The Commission concluded that breaking an arm of an intoxicated person by twisting it behind
the back to apply handcuffs is a violation of the freedom of action by using excessive force. On
September 17, it recommended the chief of the police station in question to issue a warning to the
petitionee and to train the staff on what not to do during arrest.
An investigation found that the petitioner was suspected of obstructing governmental
administration, but even if the person was resisting arrest, the police officers at the site could have
worked together to arrest the person safely. Rather, they chose to use excessive force, causing the
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Key Activities
of arrears and a file containing a list of prisoners who have unpaid fines, with their name, resident
Part 2
An investigation showed that, in January and April, an investigator of the district prosecutors’