Reforming False Disclosure of Facts Law: A Call for Social Discussion

Reforming the Law on False Disclosure of Facts: A Need for Expanded Social Discussion

The issue of the crime of false disclosure of facts has come into focus, highlighting the necessity for revising the existing law and engaging in broader social discourse. The clash between the provision allowing investigative agencies to disclose false information and the crime itself has been a long-standing problem.

Call for Action by the Cultural Artists Association

The Cultural Artists Association held a press conference on January 12th at the Korea Press Center, where they released a statement titled “Demands of Cultural Artists in the Face of Actor Lee Sun-kyun’s Death.” They criticized the indiscriminate disclosure of false information by the police, which they claim led to his sudden demise.

In their statement, the association urged the government and the National Assembly to review the current legislation concerning the protection of human rights in criminal cases. They emphasized the need to prevent arbitrary interpretation and application of the law by investigative agencies and to ensure a clear balance between the rights of the accused and the interests of the state through legislative improvements.

The Need for Legislative Improvements

During the press conference, Choi Jeong-hwa, the representative of the Korean Film Producers Association, highlighted the necessity for the so-called “Lee Sun-kyun Prevention Act.” This proposed legislation aims to address the growing trend of the crime of false disclosure of facts becoming normalized and institutionalized within investigative agencies. By establishing legislative measures that directly punish those who disclose false information, it aims to counteract the current situation where internal regulations of investigative agencies weaken the crime’s effectiveness.

Reviewing the Effectiveness of the Crime of False Disclosure of Facts

The statement by the Cultural Artists Association and the remarks made by lawyer Choi Jeong-hwa shed light on the current status of the crime of false disclosure of facts and propose areas for improvement. Currently, the Criminal Act’s Article 126 prohibits investigative agencies from disclosing false information. However, this provision has been largely ignored for the past 70 years, resulting in no cases of prosecution or conviction. This provision has been derogatorily referred to as the “plant provision.” Nevertheless, completely abolishing the crime of false disclosure of facts is not a viable solution as it plays a role in curbing indiscriminate exposure.

To enhance the effectiveness and normative power of the crime of false disclosure of facts, legislative amendments are necessary. The Ministry of Justice and the National Police Agency also need to improve their internal regulations, which currently recognize exceptions to the crime without a legal basis. The ambiguous nature of these exceptions has led to criticisms that investigative agencies are granted discretionary power in disclosing false information.

The Role of the Judiciary and Responsible Journalism

One proposed solution to address the issue of false disclosure of facts is the involvement of the judiciary in determining whether such disclosures should be allowed. This can provide a legal basis for punishing investigative agencies that violate court orders.

Responsible journalism also plays a crucial role in resolving the issue of false disclosure of facts. Journalists and media organizations should exercise caution and verify information before disclosing suspicious facts. Finding a balanced and effective solution requires cooperation between the government, legal experts, civil society organizations, and media experts.

A Long-Term and Comprehensive Approach

The revision of laws related to the crime of false disclosure of facts requires a long-term and comprehensive approach. Careful consideration and deliberation are necessary to protect human rights, ensure fair trials, and maintain public trust in the judicial system.

If you are curious about the source of the article, it is from Kyunghyang Shinmun.