Mandatory recusal for family-linked cases

Serious crimes carved out of family exemption

Bills filed by ruling and opposition parties

The former chief of the Gwangju Gwangsan Police Station, booked on charges including abuse of authority in connection with the Jang Yun-gi case, leaves the Gwangju Metropolitan Police Agency on Thursday after being questioned for 13 hours by the Korean National Police Agency's special investigation unit. [Yonhap]
The former chief of the Gwangju Gwangsan Police Station, booked on charges including abuse of authority in connection with the Jang Yun-gi case, leaves the Gwangju Metropolitan Police Agency on Thursday after being questioned for 13 hours by the Korean National Police Agency's special investigation unit. [Yonhap]

A string of bills aimed at preventing investigators from handling cases in which they have a personal stake — prompted by allegations that police covered up evidence in the Jang Yun-gi murder case — are being filed in the National Assembly.

According to the National Assembly's bill information system, Lee Sang-sik, a Democratic Party of Korea lawmaker on the Assembly's Public Administration and Security Committee, introduced amendments to the Code of Criminal Procedure and the Criminal Act on Thursday, mandating that investigators be barred from cases involving relatives.

Under current law, court employees face mandatory recusal when a case involves a relative, but no equivalent rule applies to investigative agencies — only internal guidelines. The Korean National Police Agency's criminal investigation rules require officers to recuse themselves from cases involving themselves or their relatives when impartiality could be questioned, but those rules are internal directives and carry no criminal penalty for violations.

The proposed amendment to the Code of Criminal Procedure would add a new provision requiring investigators at police, prosecutors' offices and other investigative agencies to immediately recuse or disqualify themselves from any case in which they have a family relationship or conflict of interest with a suspect or victim.

A companion amendment to the Criminal Act would establish grounds for punishing investigators, judges and others who become aware of a recusal obligation but proceed with their duties anyway.

The bills were introduced in response to allegations that officers investigating Jang colluded with his father — a senior police official identified by the surname Jang, holding the rank of inspector — to conduct a shoddy investigation.

"Through the introduction of a so-called conflict-of-interest recusal system, we will institutionally prevent investigative agencies from shielding their own and create a fair investigative environment that the public can trust," Lee said.

Park Eun-jeong, a Rebuilding Korea Party lawmaker on the Legislation and Judiciary Committee, also introduced a similar amendment to the Code of Criminal Procedure. "The essence of the Jang Yun-gi case is that the system meant to block deliberate concealment of an investigation by those connected to it simply did not work," she said, adding that she would "carefully ensure that police officers or prosecutors with a conflict of interest are removed from a case."

Legislation is also being pursued to strip family members of immunity when they destroy evidence of serious crimes such as murder or sexual violence. Lee Sang-hwi, a People Power Party lawmaker, introduced such an amendment to the Criminal Act on July 16.

Under current law, the so-called family exemption allows relatives to avoid punishment for concealing a family member's crime. Jang's father, an active-duty police officer, destroyed key evidence that could have proven his son's sex crimes but escaped punishment under the family exemption.

The proposed amendment would remove the blanket immunity for relatives who destroy evidence of specific serious crimes — including murder — as defined under the Act on Public Disclosure of Information on Serious Criminals. Courts would instead decide whether to impose punishment based on the gravity of the case.

"We will correct the blind spots in current law so that the truth behind serious crimes is not hidden behind blood ties," Lee said when introducing the bill.

Justice Minister Jeong Seong-ho had also weighed in earlier, saying it had come to light that Jang Yun-gi's father — a serving police officer — destroyed evidence in the murder of a female student in Gwangju. "There is a need to review whether the family exemption also has aspects that should be reformed," Jeong said.


arin@heraldcorp.com