Former lawmaker’s death closes case, but pressure builds to release findings
Members of civic groups hold a press conference in front of the Seoul Metropolitan Police Agency, Wednesday, urging disclosure of the investigation results in the sexual assault case involving former lawmaker Chang Je-won. Courtesy of Korea Sexual Violence Relief Center
The recent death of former Rep. Chang Je-won of the People Power Party, who had been under police investigation for alleged sexual assault, has reignited debate over whether suspects’ deaths should automatically bring criminal cases to a close without further disclosure of investigative findings.
The woman who filed the complaint against Chang through her legal representative expressed frustration over the abrupt conclusion of the case.
“I wanted to see justice served through due process, and I hoped that would help me heal. But the perpetrator decided how it started and how it ended — entirely on his own terms,” she said in a statement issued on March 31, the day Chang died by suicide.
The incident, which allegedly occurred nearly a decade ago, was recently brought forward and was in the final stages of investigation. With Chang’s death, police are now expected to issue a formal decision not to refer the case to prosecution, citing the lack of prosecutorial authority over a deceased suspect.
Calls for transparency
The victim’s legal team is calling on police to disclose the progress and findings of the investigation in the non-referral decision document. According to attorney Kim Jae-ryeon of the law firm Onsesang, police had already completed about 80 percent of the investigation before Chang’s death.
“Given that both the suspect and victim had been questioned, and that there is text message evidence, photos and videos from the time of the incident, as well as the victim’s medical records, a substantive assessment of the allegations is still possible,” Kim said.
Kim added that if the final decision fails to sufficiently explain the rationale behind the non-referral, they may file an appeal to seek a review by prosecutors.
Under current legal practices, cases involving deceased suspects are typically closed with the conclusion of “no prosecutorial authority.” This rationale is based on the idea that criminal cases cannot be pursued against a dead individual, and that doing so would violate the deceased’s right to defense.
High-profile cases such as the sexual assault allegations against former Seoul Mayor Park Won-soon in 2020 and a complaint involving a famous YouTuber’s ex-boyfriend last year also ended with this conclusion.
However, in exceptional cases where public interest is significant, such as the 2023 pesticide murder case in Bonghwa, North Gyeongsang Province, investigations have continued posthumously, with authorities disclosing the findings to the public.
Toward restorative justice
Some legal experts are now advocating for reforms to how these cases are handled — specifically, recommending that law enforcement agencies include a summary of investigative findings in non-referral or non-indictment documents.
This, they argue, can have restorative value for victims even when a case does not go to court.
In 2021, after the suspect in a sexual harassment case at a law firm died just before the case was referred to prosecutors, police included detailed statements from both parties, evidence of physical contact and psychological effects on the victim in the final decision document.
“It was only a few pages long, but for the victim, it was meaningful — her voice was recognized," said attorney Lee Eun-ui, who represented the victim in that case.
However, not all legal experts agree that formal judgments of guilt should be included. One attorney with experience representing sexual assault victims noted that in many cases, available evidence may still be insufficient.
“If the suspect dies early in the investigation, it’s difficult to fully reflect their perspective. The most reasonable approach is to present both testimonies and evidence objectively,” the attorney said.
Although current prosecution and police regulations require agencies to state the nature of the allegations and the reason for non-referral or non-indictment, the level of detail is left to the discretion of individual officers.
As a result, victims may receive vastly different documentation depending on which investigator handles their case.
“Justice should not depend on which police officer or prosecutor you happen to meet,” said Kim. “There needs to be a standardized format for decision documents.”
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times.