In a ruling that paves the way for all criminal suspects to have an attorney present during interrogations, the Supreme Court yesterday ordered government prosecutors to allow a lawyer to attend any questioning of Song Du-yul, a Korean-born German sociologist, accused of national security law violations.
Rejecting an appeal filed by the Seoul District Prosecutors Office, the Supreme Court said Mr. Song has the right to legal help while under interrogation.
Korea¡¯s constitution has no specific provision entitling a criminal suspect to a lawyer during questioning. The ruling is expected to apply to all criminal suspects.
Responding to the decision, a Justice Ministry official, who spoke on the condition of anonymity, said: ¡°We will revise the law on criminal litigations to prepare a legal base [where the prosecutors] can, by law, limit the presence of a lawyer.¡±
In its ruling, the Supreme Court said authorities cannot reject a request for a lawyer by a suspect under investigation when the Constitution provides the right to seek and receive legal assistance upon arrest and detention.
¡°This case is not limited to Mr. Song,¡± said an official at the Supreme Court who requested anonymity. ¡°But prosecutors can restrict access to a lawyer when he or she clearly carries the possibility of obstructing and disclosing the content of the investigation.¡±
The Seoul District Court on Oct. 31 ruled that prosecution could not restrict Mr. Song¡¯s right to legal representation. The prosecution then filed an appeal with the Supreme Court.


by Kim Hyeon-kyeong <tarzan@joongang.co.kr>