[WHY] Releasing a suspect's identity: Does it help?

The controversy surrounding the disclosure of suspects' faces and its effectiveness arose once again after the identity of 31-year-old Lee Ki-young, who is accused of killing a taxi driver in addition to killing his ex-girlfriend, was divulged.

Lee Ki-young, suspected of killing a taxi driver and his former girlfriend, completely hides his face under a hood and face make as he leaves a police station in Goyang, Gyeonggi, for handover to the prosecution on Jan. 4. [YONHAP]

What does a notorious murderer look like?

When you do a web search for the perpetrators in Korea, you will be stunned to learn there are very few photos of their full faces, and even those rare photos are usually ID photos or school graduation pictures. Yes, that’s right — photos from years ago, often heavily retouched with Photoshop, a common practice here.

The controversy surrounding the disclosure of suspects' faces and its effectiveness arose once again after the identity of 31-year-old Lee Ki-young, who is accused of killing a taxi driver and hiding the body in a closet in December 2022 in addition to killing his ex-girlfriend in her 50s in August, was divulged in the hope of finding more information.

However, the face that was unveiled was a portrait photo from his driver’s license taken in what could be his early or mid-20s, reportedly quite different from how he looks today.

Similar questions were raised with Lee Choon-jae, one of Korea’s most prolific serial killers behind the “Hwaseong serial murders” — a string of notorious killings and sexual assaults that terrorized Korea in the 1980s.

The murders were the country’s most infamous cold case and even went on to inspire the 2003 film “Memories of Murder,” directed by “Parasite” director Bong Joon-ho. After decades of searching, police eventually identified Lee as the culprit in 2019. He'd been serving a life sentence in prison since 1995 for raping and killing his sister-in-law.

What was even more absurd was Lee’s unveiled face: a high school graduation album photo of the now 59-year-old prisoner.

In Korea, the authorities decide to disclose a suspect’s identity, including their name, photo and year of birth, if the case meets certain conditions stated in the law. However, the system has sparked debate over the importance of the suspect’s right not to be exposed versus the public’s right to know. There has also been constant criticism over enforcement, as the authorities have inconsistently disclosed the identity of criminals over the year.

━ When and how did Korea start unveiling a suspect's identity?

Until just 20 years ago, Koreans could easily see the faces of perpetrators on TV or in the newspapers. Knowing the names and the faces of vicious criminal suspects — like the cannibal “Jijon Clique” behind a 1993-1994 murder spree, who literally “ate” the rich — was something that the public took for granted.

But that atmosphere started to change from the 2000s.

Awareness of human rights was rising, and the National Human Rights Commission of Korea officially opened in 2001. Critics claimed that disclosing the identity of a suspect, meaning a person thought to be guilty of a crime or offense before his or her charge is proven by the prosecution, violated human rights.

The police began prohibiting the disclosure of a suspect's identity while their case is still under investigation and their sentence yet confirmed, and convicted felons started to pull a hat over their face or wear a mask when standing in front of the press. The media also started to refrain from disclosing personal information or the faces of suspects.

However, public opinion reversed once again.

A steady increase in serious crime such as serial murders and rape-and-murders over the last several years has provoked public outcry and calls for disclosing suspects' identities to prevent crime and for the public interest.

Eventually, certain media outlets began revealing the identity of violent criminal suspects.

A typical example was serial killer Kang Ho-soon, then 38, who murdered 10 women including his wife and mother-in-law and was caught in 2009. Kang met most of his victims in karaoke bars or picked them up from isolated bus stops, using his good looks to seduce the victims.

Some major local newspapers identified Kang on their front pages — igniting a decades-long controversy over the need for a specific standard for disclosing the face of suspects.

The growing demand for the public’s right to know eventually led to a change in the law.

A year later, in 2010, two legal articles were enacted to provide guidance regarding the police's public disclosure of criminal suspects’ personal information, such as their faces, names and ages.

━ What does the law say?

Article 8-2 of the Act on Special Cases Concerning the Punishment of Specific Violent Crime Cases and Article 25 of the Act on Special Cases Concerning the Punishment of Sexual Crimes contained new provisions regarding the disclosure of suspects' identities.

The articles say that cases need to meet four criteria before the identity of a suspect can be disclosed: the crime shall be a specific violent crime which has been committed in a cruel way and has brought material damage; sufficient evidence shall exist to prove that the criminal suspect has committed the crime; disclosure shall be required for the public good only; and the suspect shall not be a juvenile.

━ So, if a suspect meets the criteria above, will their identity be disclosed?

No, there's more to it than that.

Whether or not to disclose the identity of the suspect is determined by a decision by a committee, usually operating under an investigative body such as the district police or a metropolitan police authority.

The committee consists of a total of seven members, including three members from the police and four outside members such as lawyers, doctors and professors.

The committee has a checklist to ensure proper and meticulous judgements. The checklist reportedly contains a broad range of about 40 items, including: whether a weapon was used; whether the crime was premeditated; whether there was sufficient evidence to pinpoint the perpetrator, such as a confession; the risk of recidivism; and the degree of public good for the disclosure.

At least one-third of the committee members must consent to proceed with disclosing the suspect's identity.

In the case of Lee Ki-young, the police committee eventually decided to reveal his identity, saying that Lee’s crime was “highly condemnable and had enough evidence.”

━ How many suspects have had their identities disclosed so far?

According to the National Police Agency, a total of 69 committee meetings to decide whether to release the identities of criminal suspects have been held since April 2010. Of those, 44 decided to reveal the names of their suspects.

Even if the names, faces and ages are revealed, deciding which suspect pictures can be unveiled is an issue.

Generally, once the suspect’s photo is released, the media naturally reveals their actual appearance when they photograph the suspects as they are transferred to the prosecution for questioning.

Koh Yu-jeong, convicted of killing her ex-husband and abandoning his body, keeps her head down and covers her face with her long hair as she leaves a police station in Jeju for Jeju District Court on June 12, 2019. [YONHAP]

But if the suspect covers their face or wears a mask while standing in front of the cameras, there is no way for the police to forcibly restrain them.

Koh Yu-jeong, who was arrested for murdering her ex-husband in 2019, covered her entire face with her hair, something later sarcastically dubbed “curtain hair.”

━ Why not just reveal the mug shot?

A mug shot is a photograph of a person's head, typically taken after a person is arrested.

Some countries immediately reveal a suspect's mug shot.

In the United States, for instance, mug shots are taken when suspects are arrested and publicly released as they are regarded as public domain based on the Freedom of Information Act. Japan also makes mug shots public, weighing more heavily the public’s right to know than the suspect’s right to privacy.

An article from the JoongAng Ilbo about a Korean tourist couple who had been accused in Guam of child abuse after they left their children in a car. While their faces were blurred in the Korean media, Guam local media outlets revealed their mug shots without blurring out the faces. [SCREEN CAPTURE]

Unlike other countries, Korea generally protects the identity of the criminal suspect. Recent photos, including mug shots, cannot be released without the suspect's consent.

In a phone call with the Korea JoongAng Daily, a senior police official from the Investigation Management and Support Division of the National Police Agency said, “Authoritative interpretations in 2019 by the Justice Ministry and Interior Ministry indicate that the release of a suspect's mug shot requires the permission of the suspect — which is why the released photo can be replaced with an ID photo when the suspect does not agree to have a mug shot taken.”

Of the 44 unmasked suspects, only one, Lee Seok-joon, who received a life sentence for killing and injuring the family of an ex-girlfriend in 2021, so far agreed to have his mug shot released.

━ Why is identifying suspects a problem?

Whether suspects in criminal cases should be publicly named and unmasked is a contentious issue.

Experts who support divulging identities say it helps the public better identify the person and prevents crime.

Lee Soo-jung, a criminal psychology professor at Kyonggi University, told the Korea JoongAng Daily that it's important to reveal the accurate identity of criminal suspects. She said, “In addition to alerting the public, it will help the discovery of unknown crimes as hidden victims or witnesses can report to the police after recognizing the face.”

“The benefits of disclosing the suspect’s identity include posing a warning message to the public to be cautious, and ultimately helping protect people from crimes,” said Lee Yoon-ho, endowed professor of police science at The Cyber University of Korea.

“But is the information released reliable? — no,” Lee added. “Neither the picture nor the area of residence is clear, and not enough information is provided. Korea’s current system can't take advantage of any of the two benefits and is simply subject to criticism regarding human rights.”

On the flip side, some argue that publicly identifying an individual as a criminal suspect runs counter to the presumption of innocence, leading many people in the community to assume that the person is actually guilty of the offence.

“Our legal system is underpinned by the presumption of innocence, and this applies to suspects who are seen as innocent until proven guilty,” said Chang Young-soo, professor at Korea University School of Law, who heads the National Police Agency’s human rights committee.

Chang argues that the disclosure of personal information is not only ineffective in preventing recidivism, but also causes unnecessary damage to the accused and the suspect's family — it's even called "modern-day guilt-by-association."

Also raised are questions about the vague definition of the "public’s interest." Critics say disclosing the suspect's face and real name only satisfies the public's demand for vengeance.

“Recently, there’s been a tendency to disclose too much in the name of the people's right to know, but it’s just simple curiosity,” Chang said. “As suspects have already been arrested, there is little concern that he or she will commit additional crimes, and they are rarely public figures.”

Amid the debate, many people are calling for reform.

Voices are demanding changes to the police committees themselves. Critics decry their arbitrary nature, as they are formed on an ad hoc basis and their decisions are often subjective.

“I think the biggest problem is that the standards are arbitrary,” said criminal psychology professor Lee Soo-jung.

A random killing near Gangnam Station in southern Seoul, where a 23-year-old woman died at the hands of a stranger in a public bathroom in 2016, sent shock waves across the country, later becoming a symbol of Korean misogyny.

Despite the brutality and the symbolism of the case, however, the Gangnam murderer has been identified only by his surname; everything else remains veiled.

Meanwhile, the murderer who stabbed a 21-year-old part-time male worker at an Internet café in Gangseo District in western Seoul in 2018 because he felt the employee was “unkind” to him, was completely unmasked, with his name, age and face revealed.

Criminal cases that receive little media attention or take place in the provinces are often overlooked.

“If a standard is set, it should be uniformly applied to cases in Gyeongsang and Jeolla as they are applied to those that took place in Seoul and Gyeonggi,” said Lee.

Amid public criticism, lawmakers have recently tabled a revision bill aimed at disclosing recent photos of suspected felons.

Last month, Rep. Song Eon-seog of the People Power Party proposed a bill for authorities to release a photo of a criminal suspect taken within 30 days of an identity disclosure, while a similar amendment aimed at disclosing a recent photo was proposed by Rep. Ahn Gyu-baek of the Democratic Party.

But the National Police Agency said there has been no special discussion yet.

BY SEO JI-EUN [seo.jieun1@joongang.co.kr]