'Case Inquiries' Prohibited Starting Tomorrow... Police Officers Who Fail to Report Also Subject to Disciplinary Action
Prohibition Now Applies to External Parties, Including Unappointed Lawyers
The police have prohibited inappropriate inquiries regarding ongoing investigations and crackdowns, and have imposed a duty to report such inquiries. Police officers who receive such requests and fail to report them will be subject to disciplinary action.
On August 31, the National Police Agency announced that, starting September 1, it will implement a pilot program to improve the system prohibiting case inquiries and the system prohibiting private contacts, in order to enhance the fairness of case handling. In light of recent cases involving leaks of investigative information and breaches of secrecy, the aim is to strengthen internal controls to prevent improper influence over police investigations.
The police will, as a general rule, ban all case-related inquiries that could compromise fair case processing, expanding the scope of this ban from solely former and current police officers to also include outsiders such as attorneys not retained on a case and law firm employees. Conveying case-related inquiries to other civil servants is also prohibited, and police officers who make such inquiries will face disciplinary action.
In cases where attorneys not retained on a case or law firm staff make case-related inquiries, the police will review whether this constitutes a violation of the Attorney Ethics Charter or an improper solicitation under the Anti-Graft Act, and take the necessary measures accordingly.
A new mandatory reporting obligation will also be introduced for staff who receive case inquiries. If they receive an inquiry about a case from a fellow government official while on duty, they must report it immediately; failure to do so will result in disciplinary action as well.
The existing administrative guideline prohibiting private contact will also be formalized in the National Police Agency’s code of conduct for public servants. As a result, it will be forbidden for officers to have personal contact with parties involved in a case—such as suspects, victims, complainants, defense attorneys—or with those affiliated with establishments involved in prostitution, gambling, or illegal speculative activities, except for official work purposes. The National Police Agency will operate the pilot program until early October, when the revised code of conduct is expected to take effect. During this period, those caught making case inquiries will receive guidance, such as verbal warnings, and staff members who report such inquiries will be eligible for commendations or other rewards.
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An official from the National Police Agency stated, “We will enable case handlers to perform their work according to the law and established rules, free from improper external inquiries or influence, and will continue to foster a culture of fair and transparent case management.”
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