Bill targeting family evidence destruction gains fresh attention after Gwangju killing

A bill to abolish the legal exemption that shields family members from punishment for destroying evidence has drawn renewed attention after sitting idle at the National Assembly for nearly two years, amid mounting backlash against the father of a man accused of murdering a high school girl.

The need for the bill remains controversial, but critics say lawmakers failed even to discuss constructive solutions due to prolonged political conflict.

Jang Yun-gi, 23, is accused of attempting to sexually assault 17-year-old Lee Chae-won and then killing her on a street in Gwangju's Gwangsan District on May 5.

Jang's father, a serving police captain, is accused of destroying evidence linked to the crime.

Three days after the crime, the officer reportedly disposed of a life-sized sex doll that had damage to the neck and chest area that was in his son's apartment and burned the cellphone his son had used in middle and high school. Prosecutors considered the doll key evidence of Jang's alleged intent to commit a sexual offense but could only submit video footage after the physical evidence had already been destroyed.

However, the police officer cannot be punished because Article 155, Paragraph 4 of the Criminal Act exempts relatives from punishment for crimes such as destroying evidence or helping an offender evade arrest.

Legal scholars are divided over whether the exemption should remain in place.

"A father hiding evidence of a child's crime is consistent with human nature," Lee Chang-hyun, a professor at Hankuk University of Foreign Studies Law School, said. "Even if the exemption is abolished, it is likely to have little practical effect while creating more potential offenders."

Han Sang-hoon, a professor at Yonsei Law School, disagreed.

"Social perceptions of family ethics and justice have changed from the past, so relatives who destroy evidence in serious crimes should be punished," Han said.

In September 2024, Rep. Ju Chul-hyun of the ruling Democratic Party (DP) put forward a bill to revise the Criminal Act so that relatives could be punished for destroying evidence or harboring offenders, because the criminal law must respond to increasingly diverse realities.

The proposal had followed a Constitutional Court ruling in June 2024 that found unconstitutional a provision exempting relatives from punishment for certain intrafamily property crimes, citing crime victims' constitutional right to participate in criminal proceedings.

The bill was sidelined as the ruling and opposition parties became embroiled in political battles.

Lawmakers clashed in late 2024 over then-DP leader Lee Jae Myung's criminal trials and impeachment proceedings against Cabinet members, with tensions escalating after the declaration of martial law on Dec. 3 that same year. After Lee took office in June 2025, the DP focused on judicial reform bills while the People Power Party responded with filibusters and protests.

The Assembly only began revising the law on intrafamily property crimes as the deadline approached. Although a related bill reached a Legislation and Judiciary Committee subcommittee on Dec. 5, 2025, Joo's proposal has yet to be discussed.

"Political conflict was too severe and time was limited, so our priority was filling the legal gap created by the Constitutional Court ruling," a committee official said. "It was difficult to extend discussions to the issue of destroying evidence."

Following the Jang case, lawmakers have begun proposing changes again. Rep. Han Jeoung-ae, the DP's policy committee chair, introduced a similar bill on Thursday, but whether the Legislation and Judiciary Committee will hold substantive discussions remains uncertain.

BY PARK JUN-KYU [[email protected]]