A YouTuber has released personal identification information, including the photo and real name of the suspect in the so-called “Busan Kicker” case. The victim of the incident also appeared in the video, arguing that it was necessary for the public to know the identity of the perpetrator. However, disclosing personal information without following due process is an illegal act in itself, and controversy is expected.
On February 2, the YouTube channel ‘Caracula Detective Agency’, which claims to be a detective YouTuber, released personal identification information such as the real name and photo of the aunt (30) of the suspect in the ‘Busan Back Kick Case’. Information such as her birthday, occupation, place of birth, height, and blood type were also included. It also revealed Lee’s past criminal record.
YouTuber Caracula explains why he released the personal identification information of the suspect in the Busan kickback case on the 2nd. Captured from YouTube ‘Caracula Detective Agency’
Caracula said he knew the release would be controversial안전놀이터, but he insisted on doing it anyway. “I am well aware that the unauthorized disclosure of a perpetrator’s identity without due process can be punishable as defamation of character and subject the perpetrator to lifelong criminal retaliation,” he said. “We are also concerned that this may be an act of private sanction that crosses the line,” he said. “Considering the victim’s active desire to come forward and the risk of retaliatory crimes, we could not help but think of ways to share the victim’s pain.”
The video also features a victim of the Busan kicking incident. “I’ve been saying all along that it’s so necessary (to reveal the identity of the perpetrator),” the victim said, adding, “It’s only when the public sees it through a lot of media that people feel safe.” “I don’t want them to harass the citizens who are grieving,” she said, “but it’s really killing me that they say it’s not possible.”
“The victim is under a lot of stress and fear that the perpetrator may commit a retaliatory crime after he is released from prison,” Caracula said, reiterating the need for identification.
YouTuber Caracula is also revealing the past criminal record of the suspect in the Busan kickback incident on the 2nd. Captured from YouTube ‘Caracula Detective Agency’
Caracula also revealed the past criminal record of the suspect, Lee, saying, “Most of the cases went up to the High Court and were judged,” and emphasized that “criminals like this should not be in society.” He added, “What kind of person is this? “For whom does the court impose a sentence to reform the perpetrator?” he asked.
However, the unilateral disclosure of a suspect’s identifying information by a YouTuber is likely to be illegal. This is because the disclosure of a criminal suspect’s personal information is strictly regulated by prosecutors and police under the relevant laws.
The legal basis for disclosing a suspect’s personal information. Captured from the site of the National Legal Information Center of the Ministry of Justice.
Article 8, paragraph 2 of the Special Act on the Punishment of Certain Violent Crimes (Specified Violent Crimes Act) provides for the disclosure of personal information. Article 8(2) of the Specified Violent Crimes Act stipulates that identifying information can be disclosed only if all the following requirements are met: ▲ the crime was committed by brutal means and caused significant damage; ▲ there is sufficient evidence to believe that the suspect committed the crime; ▲ it is necessary for the sole public interest, such as ensuring the public’s right to know, preventing the suspect from recidivism, and preventing crime; and ▲ the suspect is not a juvenile under Article 2(1) of the Juvenile Protection Act. However, it also stipulates that the human rights of the suspect must be carefully considered and not abused.
After the video was released, YouTube sent an email to Caracula stating that it had received a “privacy complaint” and that it would “consider whether to restrict the content.