South Korea's 'Kinship Privilege' Under Scrutiny Amidst Police Scandals

South Korean law provides a broad exemption from punishment for relatives who help criminals, including those who tamper with evidence. This "kinship privilege," in place for over 70 years since the Criminal Procedure Act's enactment in 1953, aims to prevent relatives from being criminalized for protecting family members.

However, recent incidents have sparked debate about the necessity of reforming this law. In one case, a police officer allegedly attempted to destroy evidence related to his daughter's murder by her boyfriend. In another, a police officer in Jeonbuk allegedly disposed of his teenage son's phone, who is accused of illegal filming. These cases raise questions about whether the exemption should extend to actively destroying evidence.

The National Assembly Research Service recently advised lawmaker Han Jeong-ae that "evidence tampering is an act that actively obstructs criminal justice proceedings" and suggested that legislative review is needed regarding the blanket immunity provided by the current kinship privilege. This indicates a growing sentiment that certain crimes, even when committed by relatives, should be punishable.

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Evidence tampering is an act that actively obstructs criminal justice proceedings. Whether the current method of providing necessary criminal exemption in all cases is appropriate needs legislative review.

In contrast, French law exempts relatives only for harboring fugitives, while actively destroying evidence by relatives is punishable. Japan's law allows courts to waive punishment for relatives involved in harboring fugitives or destroying evidence. Legal experts suggest that while protecting family is a human instinct, the scope of the current South Korean law, which extends to relatives up to the eighth degree of kinship, might be too broad. Some propose limiting it to direct ascendants/descendants or cohabiting family members.

Separately, the National Police Agency revealed it investigated 117 cases involving police officers' families in the past three years to prevent internal cover-ups. Of these, 44 cases were transferred to other police stations or provincial police agencies for impartial investigation. One case, where a police investigator handled a hacking and phishing case involving their own family member as the victim, is currently under formal audit.

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While prohibiting the human instinct to protect family, even if they are criminals, may reduce effectiveness, the current kinship privilege recognizes up to the eighth degree of kinship. Legal revision is needed to recognize it only for direct blood relatives or cohabiting family members.