This study examines Article 126 of the Korean Criminal Act, which prohibits the disclosure of criminal suspicions, focusing on its desuetude in the digital media era. Using qualitative analysis of statutes, case law, disclosure guidelines, and comparative legal materials, combined with case studies such as the investigation of former Minister Cho Kuk, the illegal filming case of singer Jung Joon-young, and the drug investigation of the late actor Lee Sun-kyun, the research explores the psychological and institutional mechanisms behind the law’s ineffectiveness. The findings reveal three major factors: the normalization of disclosure practices and responsibility diffusion within investigative agencies, the interplay of power assertion and recognition needs with media incentives, and the public’s right to know amplified by digital media consumption. These dynamics result in stigmatization of suspects, secondary victimization of victims, and declining trust in the justice system, often leading to trial by media. Policy implications include clarifying exceptions to “public interest disclosure,” expanding accountability and judicial remedies, strengthening media fact-checking and correction duties, reforming investigative culture, and introducing digital mechanisms such as delayed exposure and identity masking. The study highlights the need for an integrated framework that balances presumption of innocence, dignity, press freedom, and the right to know in the digital era.
Young Kyu Ahn (Tue,) studied this question.