Arrest Warrant Status
An indicator that can identify the number of people to whom an arrest warrant have been requested to the court by the prosecution and then issued or rejected
B. How to measure
* Subjects to arrest warrant requests include all suspects arrested by arrest warrants, suspects arrested by emergency arrest, suspects who have been arrested red-handed, and suspects who have not been arrested (subject to prior warrant requests).
* Arrest warrant issue rate = Warrant issued cases/ Total number of cases X 100
C. Features and Sources
Category Sub-Category Sub-Subcategory Type of Indicator Reference Data Sources First year data available Periodicity Right to Freedom Right to Physical and Moral Integrity Arbitrary Arrest and Detention Objective/Process Supreme Prosecutor’s Office Prosecution Yearbook Database 1985 1 year
Based on Article 12 paragraph 1 of the Constitution, which states that “No person shall be arrested, detained, searched, seized or interrogated except as provided by Act. No person shall be punished, placed under preventive order or subject to involuntary labor except as provided by Act and through lawful procedures”, basic rights of the people should be guaranteed by complying with the minimum legal procedures in restraining one’s physical freedom. The request for an arrest warrant should be issued after the due screening, as there is room for an individual’s basic rights to be violated while securing justice against those suspected of crimes. Although there is a policy of the prosecution’s “principle of non-restraint investigations,” recent issuance of warrants has steadily increased since 2010, and after 2015 80 percent of the warrant, requests have been approved and executed. In 2014, Korean Bar Association also expressed concern over the increasing arrest warrant issue rate. Not only the reckless request for arrest warrants is problematic, but also public distrust of judicial justice prevails as there are cases in which arrest warrants for political and business figures or legal professionals are rejected which do not resonate with public’s common sense. As the phenomenon of arrest warrants being issued only for powerless ordinary citizens is serious damage to judicial justice, law enforcement agencies will have to execute arrest warrant reviews and warrant requests through fair standards and procedures.