[Comprehensive] Controversy Over 'Mobile Phone Password Disclosure Law': "Violation of Human Rights" vs "UK and France Also Implement It"

Justice Party "An Act That Shakes the Presumption of Innocence"
Jin Joong-kwon Criticizes "Anti-Liberal Behavior"
Minister Chu Responds "Human Rights States Have Similar Systems"

Minister of Justice Choo Mi-ae is responding to questions from lawmakers at the full meeting of the Budget and Accounts Committee held at the National Assembly on the 12th. / Photo by Yonhap News

[Asia Economy Reporter Lim Juhyung] Controversy has arisen over the 'Law to Compel Disclosure of Suspect's Mobile Phone Password,' which Justice Minister Choo Mi-ae has ordered to be reviewed. While some express concerns that the introduction of this bill could significantly restrict human rights, Minister Choo has countered by stating that "similar laws exist in human rights advanced countries such as the UK and France."

On the 12th, Minister Choo instructed the Ministry of Justice to "consider enacting a law that, under certain conditions such as a court order, compels suspects who maliciously hide their mobile phone passwords and obstruct investigations?like research fellow Han Dong-hoon, a suspect in the Channel A case?to comply, and imposes sanctions if they fail to do so."

However, some in the political sphere criticized the bill as effectively coercing confessions and violating human rights.

Geum Tae-seop, a former Democratic Party lawmaker who recently left the party, wrote on Facebook that day, "I am ashamed even as a legal professional," and pointed out, "To create a law that forces the disclosure of mobile phone passwords and penalizes non-compliance?isn't that no different from a law that forces confessions and punishes those who do not confess?"

He added, "Is it acceptable to trample on important principles painstakingly built over decades for human rights protection overnight? Especially by a government that claims to pursue progressive values," criticizing the move.

Geum Tae-seop, former member of the Democratic Party of Korea / Photo by Yonhap News

The Justice Party also strongly criticized the bill. Jang Hye-young, the Justice Party floor spokesperson, stated in a commentary that day, "Justice Minister Choo Mi-ae has ordered the consideration of enacting a law that compels the disclosure of mobile phone passwords and penalizes non-compliance," and pointed out, "This undermines the existing criminal law protections against forced confessions, the right to remain silent, the right to self-defense, and the presumption of innocence."

She emphasized, "Article 12 of our Constitution guarantees the right not to be compelled to make self-incriminating statements," and added, "Even suspects must be investigated fairly, and at least minimal defense rights must be guaranteed during the process."

Criticism also came from outside the political sphere. Jin Joong-kwon, a former professor at Dongyang University, wrote on his Facebook that day, "How should we understand the phenomenon where a regime that claims to be liberal exhibits anti-liberal behaviors in everything it does?" expressing concern about "the distortion of the Democratic Party's identity."

Minister of Justice Choo Mi-ae is attending and responding at the plenary session of the Special Committee on Budget and Accounts held at the National Assembly on the 12th. / Photo by Yonhap News

Amid growing controversy, Minister Choo rebutted by stating that "human rights advanced countries such as the UK and France have also introduced similar laws."

In a post on her Facebook that day, Minister Choo wrote, "For human rights-based investigations, we should rely as little as possible on suspects' confessions and secure physical evidence, transitioning to scientific investigative techniques. However, it is said that if suspects do not cooperate with digital forensic analysis of mobile phones, this transition to scientific investigation becomes difficult."

She explained, "In the UK, the 'Magna Carta' country, such a system is already in place. Since 2007, under the UK's Regulation of Investigatory Powers Act, when suspects cannot unlock passwords, investigative agencies can apply to the court for an order to decrypt, and if the suspect disobeys the court's order, they can be sentenced to imprisonment."

She added, "Human rights countries like France, the Netherlands, and Australia also have laws that punish failure to comply with requests to decrypt or decode," and emphasized, "We too must develop criminal law in the digital age while finding harmony with the constitutional principle of protection against self-incrimination."

This content was produced with the assistance of AI translation services.