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Latest news and legal insights from HANBYOL LAW LLC.
"I was falsely accused of rape. Can I see the other woman's statement?"
Lee Joo Han, a lawyer at Hanbyul Law Firm, explained that the key issue in the case was whether the respondent's (accused's) statement could be accessed, and that criminal case records are generally subject to disclosure under the Freedom of Information Act, and that statements related to sexual offenses are generally disclosed for reasons such as victim protection, investigation fairness, and prevention of secondary damage.
This makes it virtually impossible to obtain the statements through an FOI request while the investigation is still ongoing, the lawyer said. However, after the investigation is concluded, it is likely that the records can be checked in a restricted or identity-concealed state through the inspection and copying procedures of investigative records under the Criminal Procedure Act, so rather than making an FOIA request hastily, it is a realistic strategy to wait for the conclusion of the investigation, such as 'no charges', and then obtain the records through due process and use them as evidence of innocence.

