The Breach of Confidentiality in Korean Criminal Law

In Korean criminal law, the breach of confidentiality is stated in Art. 126 (making facts of a suspect public) and in Art. 127 (breaking secrets). While Art. 126 as a special law is applied only to public officers who work on the investigation of the crime, Art. 127 as a general law is effective to all public officers who work in the public sector. In this paper, the facts of these two Articles (126 and 127) will be closely examined and discussed. First, the history of its development, the background and the status quo of the facts of Article 126 will be introduced. With regard to the problems which are addressed assertively, a suggestion for a reform will be made. Afterwards, the general facts of Art. 127, which applies to all public officers, will be surveyed. The kinds of crimes, the meaning and advantage of Art. 127 will be shown along with a close look at the facts.