A “criminal justice information system” that would allow prosecutors to examine information about cases that have been internally concluded by the police and even about people who have been simply investigated as witnesses is set to launch in May. The National Intelligence Service (NIS), National Tax Service (NTS) and Korea Customs Service (KCS) would also be permitted “joint use” of the information if they follow authentication procedures. The system is unprecedented anywhere in the world in allowing various state organizations to share a comprehensive array of criminal case records and investigation materials covering an individual’s entire lifetime. With the emergence of a system that goes far beyond the existing criminal record inquiry system allowing retrieval only of charges and sentences, some observers are expressing concerns about possible violations of basic human rights.

Independent Systems, Linked Content

In December 2004, South Korean government announced the creation of an electronic document system combining the stages of investigation, indictment, trial and sentencing as a part of its construction of an “e-Government.” The plan was originally to promote efficiency by storing, sharing and managing documents and information drafted by the police, prosecutors, courts and Ministry of Justice, including police reports, warrants, arraignments and verdicts.

From the outset, the plan has encountered opposition from politicians and human rights groups. The concerns raised were that the accumulated personal information was too comprehensive and that it remained unclear who was in charge of its administration. Some within the police have also raised concerns that the prosecutors could gain unlimited use of information produced by the police. In response, the police, prosecutors and courts reached a compromise in which they would each build independent systems, which would be linked together. Looking at another organization’s information would require an authentication procedure, including a login. After a “Law to Promote the Digitalization of Criminal Justice Procedure” bearing these regulations passed through the National Assembly in late 2009, construction of the system entered its final stage with the announcement of legislation for an enforcement decree on Thursday.

Problem Areas

Speaking on the soon-to-be-integrated criminal justice information system, a police officer in the Seoul area said, “You can look at all of a particular individual’s past investigations and internal records at a single glance. It is also possible for investigative bodies to make predictions about guilt and, in serious cases, to piece an investigation together.” He added, “It could promote efficiency in investigations, but it also has clear drawbacks.”

Attorney Kim Hee-soo said, “Records for a criminal case include records not only related to the suspect but on witnesses and the victim as well.” Kim continued, “There is a great deal of their personal information included in the records that has no real connection with the case, such as who the person’s friends are or who the person is dating.” Kim added, “If someone wants to gather information to smear a certain politician, it could be abused in a devastating way.” While examining the legislation, the National Assembly’s Legislation and Judiciary Committee also remarked that the greater quantities and speed of information would correspondingly increase the possibility of abuse or overuse due to its concentration and ease of circulation.

Some observers are also saying the accumulation of personal information increases dangers of hacking into the system. The information system would include an array of sensitive materials about those involved in cases of assault, prostitution, drunk driving, and even information of victims of sexual assault and juvenile offenses.

Strengthening the Enforcement Decree

As advantages of the information system, some observers are citing the speed and accuracy it gives to the process of handling cases and the assistance it provides to the development of the judicial administration by producing statistics and typology for crimes. However, Kim Hee-soo argues that since more than 3.5 million people per year are investigated in connection to criminal cases, criminal information could be stored for the entire population within a few years. Kim said, “In the U.S., they only share basic personal details or information about prior offenses, and it would be unimaginable to build a system like ours that comprehensively administers criminal information.”

Democratic Labor Party (DLP) Lawmaker Lee Jeong-hee also urged the creation of supplementary measures late last year. Lee said at the time, “Safeguards against forgeries, alteration or hacking of electronic documents need to come before the convenience of investigative bodies.”

However, the Justice Ministry has indicated that it had no plans to pursue improvements to the system. The ministry said, “Since it is a system introduced with the goal of improving judicial services for the people, the legislation prevents abuse of the information for purposes other than official business.”

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