Constitutionally Guaranteed Right to Counsel to Be Substantively Protected... Seoul Bar Association Visits Police Agency in Protest

[Financial News] The Seoul Bar Association visited the National Office of Investigation and other agencies in protest to ensure the constitutionally guaranteed right to counsel. The move came in response to a recent public notice by Sangju Police Station stating that counsel’s participation would be restricted during suspect interrogations in certain cases, including organized crime and drug offenses.
The Seoul Bar Association said on the 11th that its executive officers, including President Cho Soon-yeol, visited the National Office of Investigation in Seodaemun-gu, Seoul, on the 10th and plan to visit Sangju Police Station on the 16th.
The issue began with Sangju Police Station’s notice on the “counsel participation system during suspect interrogations.” The notice listed violations of the National Security Act, organized crime, drug offenses and terrorism as cases in which counsel’s participation could be restricted. It also included cases in which authorities determine that counsel’s participation could facilitate the destruction of evidence or flight by accomplices, or seriously affect investigations or trials in related cases.
The Seoul Bar Association viewed the notice as contrary to the intent of the Constitution and relevant laws. Article 12, Paragraph 4 of the Constitution guarantees people who have been arrested or detained the right to receive assistance from counsel immediately. Article 243-2 of the Criminal Procedure Act stipulates that, when requested by a suspect or another relevant person, counsel must be allowed to participate in the suspect’s interrogation unless there is a legitimate reason not to do so. The Rules on Police Investigations also allow restrictions on counsel’s participation only in exceptional circumstances, such as when participation could obstruct the interrogation or lead to the leakage of investigative secrets. The association’s position is that there is no legal basis for barring participation solely because of the type of crime involved.
Following the Seoul Bar Association’s complaint, the National Office of Investigation conducted a full inspection of 261 police stations nationwide, excluding Sangju Police Station. No identical notice was found elsewhere. Sangju Police Station immediately removed the existing notice and plans to produce and post a new notice on guaranteeing the right to counsel.
President Cho said, "The right to receive assistance from counsel is a fundamental right guaranteed by the Constitution and must not be undermined in any way at investigative sites." He added, "The Seoul Bar Association will continue to respond actively to ensure that the right to counsel is substantively guaranteed."
[email protected] Kim Dong-gyu Reporter