Criminalization and Human Rights: Issues and Alternatives

The debate over criminalized identification is hot. It has been argued that a new approach to the identification of violent offenders is needed to balance respect for human rights and social safety. Is our unique system of showing the faces of victims but hiding the perpetrators okay? Furthermore, we need to ask whether South Korea’s sentiment law, which allows some people to disclose and others not, based on public opinion, is common sense in a country with a rule of law.

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The history and reality of KYC

Mugshots back to the 1990s

Until the mid-1990s, there was little social controversy surrounding the release of criminal identifying information. At the time, they reported their real names, photos, and even their home addresses, a practice that was formalized in April 2010.

Introduction and limitations

In 2010, the introduction of the Habeas Corpus system began to reveal the identities of many criminals. However, the system has been criticized for failing to strike a balance between preventing crime and ensuring the public’s right to know and protecting the human rights of criminals. There is also a lack of clarity on the scope and regulation of disclosure.

International naming practices and differences

U.S. Privacy Policy

The United States often releases arrests and mug shots under the Freedom of Information Act. It’s also not uncommon for celebrities to reveal their identities, reflecting the American culture that values freedom of expression and the public’s right to know.

Examples from Japan and France

Japan doesn’t have a mugshot publication system, but it emphasizes the principle of real-name reporting, as does France. These international examples are worth examining for different approaches and their effectiveness.

Going forward, the alternative will be

South Korea’s identity disclosure system requires efforts to balance respect for human rights and the safety of society. To do this, we will need to look at ways to refine laws, expand disclosure, and raise public awareness. An inclusive discussion involving all of society will help us create better institutions.

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