This is essentially the message that the Joongang Daily is sending out to the public with this story.
Suspects in Korea’s worst violent crimes will soon have to show their faces to the public… Under the new regulations, where there is strong evidence of guilt and a public demand to know, prosecutors will be able to release the names and ages of accused sex offenders and vicious criminals, and allow the media to photograph their faces.
Now, I’m not really sure what to make of this. Firstly, the authors of this article, Lee Chul-jae and Kim Mi-ju, should be given due credit for raising both sides of the issue. They go on to write,
The practice to shield suspects’ faces grew out of human rights concerns, and some experts believe it should still be upheld.
Seo Suk-ho, an attorney at Kim and Chang, warned that unilaterally revealing suspects’ identities against their will violates the presumption of innocence.
And on the other hand,
Others approved of the soon-to-be adopted regulations.
“If [prosecutors] can accurately describe their charges, revealing a suspect’s identity doesn’t violate the presumption of innocence,” said Moon Jae-wan, a law professor at Hankuk University of Foreign Studies.
I’d like to raise a few points in response to this. Obviously, most of you will now that this follows on from two specific cases, one where a man raped an eight year old girl, known as the ‘Na-young’ case, and the other more recent one of the rape and murder of a thirteen year old girl.
In the second case, a photograph of the suspect, Kim Kil-tae, was released before he was even arrested, as well as being used on wanted posters. As the Joongang Daily article implies, the decision to do this has come out of public opinion. In my opinion, however, it’s another case of the government trying to just keep the people happy while completely missing the point.
The point is not that people want to see the faces of these people – they’re not a threat once they’re caught. What the people of Korea really want is, one, for better regulations to be put in place to stop these crimes being committed in the first place, and two, for the offenders to be given sufficiently harsh sentences when they’re charged.
One point of real aggravation that I’ve heard from Koreans I’ve spoken to about this is that far too often things that the government or other people with power really should be doing doesn’t get done unless they have to. When does should become have to? When the public is made aware of it, and when they make a big fuss. But it shouldn’t take street protests, or national outcry for the government to realise somethings wrong and to do something about it.
I don’t want to go into too much detail of past occurrences of such things, but for people who recognise what I’m talking about, I think this in part stems from Korea’s developmental state period. That was a time where anything went as long as it led to economic development in the short term. Such attitudes clearly still run through the government when it comes to certain issues. With the economy, it took the 1997 economic collapse to make anyone do anything about it. Now it’s taken huge public outcry for anyone to do anything about violent sexual crimes, and it’s probably the most ineffectual thing they could possibly have done. A bit like tightening laws on foreigners after Koreans commit crimes…
I’ll only touch on the issue of innocent until proven guilty briefly here, because I’m not too sure where I stand on it yet – I’m interested to hear your thoughts though. Basically, once the police release photos of their suspects they’ll become guilty in the public’s eyes. That’s what happened with Kim Kil-tae, even if that’s not what the police are saying. They’re only fueling the media and public frenzy by doing this, and as far as I can tell, it serves nothing. If it had been the law all along I could see that it might not have had the effect of convincing people suspects were guilty before they were tried, but changing it suddenly under public pressure means from now on suspects won’t have the luxury of presumption of innocence in the court of public opinion. And what happens if they’re found innocent? Anyway, enough of that, because I’m no legal expert, and as I’ve said, I haven’t made up my mind about it yet.