Murder suspect's father evades charges, fueling debate over Korea's family evidence-tampering exemption

Jang Yoon-gi, center, a suspect in the murder of a high school student and an assault with a weapon on another student, stands in front of Gwangju Seobu Police Station, May 14. Yonhap

The father of Jang Yoon-gi, a suspect in the murder of a high school girl, allegedly destroyed evidence in the case, renewing debate over Korea's criminal code exemption shielding family members from evidence-tampering charges.

Last month, prosecutors indicted Jang, 23, on charges of stabbing and killing the girl in Gwangju in May after following her with intent to rape. He was also indicted on charges of attacking another student with a knife when they tried to intervene.

Investigators later found that Jang's father, an active-duty police officer, had disposed of items from his son's residence, including several mobile phones and a sex doll whose chest and neck areas showed concentrated damage. The father was not indicted, however.

Under current law, destroying evidence in another person's criminal case carries penalties of up to five years in prison or a fine of up to 7 million won ($4,530), but relatives or family members living with the offender are exempt.

Lee Yung-hyeock, a professor of police science at Konkuk University, said the exemption exists in Korea because of questions whether it is realistic to expect parents to gather evidence and report their own child.

“Reform is worth discussing, but it needs public debate, given questions of practicality and public sentiment in Korea,” Lee said, adding that the current exemption coverage for relatives and cohabiting family members is too broad.

“Reform should narrow the exemption to immediate family,” Lee said. “Punishing them without regard for close family ties ... might not fit the sentiment of most Koreans.”

Kim Dae-keun, a research fellow at the Korean Institute of Criminology and Justice, offered a similar view, saying the exemption reflects the notion that family should be treated differently from strangers.

“Since there's a natural impulse to protect family, holding them to the same reporting duty as strangers is generally seen as too harsh,” Kim said.

Kim Do-woo, a professor of police science at Kyungnam University, said such cases should be handled through judicial discretion, rather than explicit statutory exemption.

“Codifying the exemption into law could itself undermine judicial equity. It would be better to have a system that allows this to be reflected at the sentencing or judgment stage,” he said.

He added that a statutory bar strips prosecutors of the power to bring charges at all, discouraging investigators from pursuing such cases, and said institutional reforms are needed to keep investigations moving forward.