This issue is attracting a lot of attention from the general public and parliament, and the abolition of the limitations of the statute has shed new light on its validity. The Bill for the abolition of the limitations of the statute was passed by the Cabinet of the National Assembly on July 28th of this year. Unfortunately, many cases still remain unsolved, including this tragic and pitiful case. So, it is disappointing that there hasn’t been any further progress in the investigation, and the ‘Limitations of Statute’ Bill ended the case in 2006. This unsolved case still remains one of the three high-profile unsolved cases, where five children went to catch frogs and never came back. It is a mystery that has captured the attention of the Korean people, as it is well-known among them as ‘The Disappearance Boys Frog Case’.
(1) What Is the Meaning of the ‘Statute of Limitations’?
We must now watch how the abolishment of the statute’s limitations affects our society. Fortunately, the limitations of the statute were abolished in July, so there seemed to be no problems at all. We couldn’t do anything about it because the period had expired, so we just watched. How was it possible to put a due date on a crime? This was a very harsh law for both the victim’s family and the victim. It was impossible for the court to put the accused on trial without decisive evidence, even though someone might have been arrested for the crime. This meant that even though someone might have been arrested for the crime, it was impossible to put them on trial due to the limitations of the statute. The specific period of time after which the prosecutor’s right to arraignment disappeared and the state was unable to prosecute someone for a crime, this was what the limitations of the statute meant.
(2) The Time Limit for Legal Actions, The Commencement of the Repeal.
A. The Law of Tae-hwan.
The Democracy for Alliance Politics New (Congresswoman Yeong-kyo Seo) proposed an amendment to finally save the victim’s family, but unfortunately, the bill regarding the limitations of the statute had already passed. Luckily, there was an assemblywoman named Yeong-kyo Seo from the New Politics Alliance for Democracy who agreed with the majority of congressmen on the proposed amendment. However, it seemed that the attack on Tae-Hwan Kim, a six-year-old boy who was killed when a man poured sulfuric acid on his head in Dongu Street, Daegu, would remain unsolved and become a permanent tragedy. The incident took place in May 1999 and sparked a controversial debate on the abolition of the statute’s limitations.
B. Vestige of Tae Hwan’s Legislation.
The law of Hwan’s Tae is very valuable to the victim’s family and it provides hope for unsolved cases. We should not waste any time since our rights are imprisoned by this law. There will no longer be any regulations on murder cases. Although other unsolved cases such as ‘The Policeman Jeonju Case’ and ‘The Bank Burglary Kookmin Daejeon Case’ and ‘The Murder Incident at Bar Karaoke Ulsan’ still exist, they can now be reinvestigated through the revision of this law, which previously had limitations due to the statute. In fact, the attack on Hwan Tae could not be applied to the revision of this law.
(3) Occasionally, Restrictions Are Necessary for Society.
A. Practical Constraints.
The limitations of the statute have been in existence for the past 60 years. At this point in time, we can guess that the existence of the limitations of the statute has been necessary. There are several reasons why the existence of the limitations of the statute was necessary. Some reasons include the fact that evidence can fade and the memory of the victim can fade over time, making it difficult to have enough proof to convict someone of a crime in a court of law. Due to the difficulty of showing fairness to judges, this was necessary. Crime also continues to take place ceaselessly in our contemporary society. As investigations gradually decrease in effectiveness, authorities were forced to give up on incomplete investigations. Moreover, the costs of maintaining the resources to keep and store evidence that cannot be neglected were really hard to investigate incidents that happened a long time ago.
B. The Influence of Social Trends.
A congressman who felt compassion towards the pleas and opinions collected from the public, Law Hwan’s Tae’s name bill was established. People protested strongly on the police bulletin boards to reinvestigate the case, so the TV journalism program ‘The Unanswered’ proposed the right law Hwan’s Tae after shedding light on this incident again. The actual fact was that the case ‘Ogeori’, which could still be unfinished due to the abolished limitations of the statute, was being talked about. However, as time passes, the public’s interest in the crime gradually diminishes and the necessity of punishment becomes dull. But the social feeling towards crime and the emotions of the victims can gradually soothe over time.
(4) Unforgettable Suffering Throughout Time.
The realistic viewpoint suggests that there needs to be a reconsideration of the limitations of statutes in order to find a solution for the pain and suffering experienced by victims. If criminals are not caught, unsolved cases will remain and the period of limitations will be a painful and unforgettable time for the victims. However, criminals should still be punished without any limitations or restrictions on time.
As scientific inquiry progresses and becomes more specialized, evidence can be preserved for extended periods. Law enforcement utilizes key evidence, such as DNA, which enhances the likelihood of apprehending criminals, eliminating concerns regarding evidence retention timeframes. The absence of specific timelines contributes to an enhanced ability to convict individuals for crimes, thereby improving the overall process.
(5) Activities to Engage in After the Removal of the ‘Statue of Limitation’.
A. Is it only applicable to murder cases?
This is the way to ensure our nation’s security. The current law should be revised once again to punish all types of crimes without time limits. For example, the case of intentional killing does not always prove the intentionality in rape, so the statute of limitations needs to be expanded towards all types of crimes. Additionally, it is important to recognize other crimes such as sexual molestation and robbery, which are also terrible crimes. However, you should also acknowledge the fact that murder is a very heinous crime. This new revision means that the statute of limitations has only been abolished in cases of murder.
B. To Create Legislation of Merit.
It is important to use the proper way and not lose its purpose whether the law is used, so we must carefully watch Tae-Hwan’s law at all times. The limitations of the statute are the same in this situation. The law should provide weak support and should be equal and fair for everyone. It seems that the law always stands for the strong. To ensure the expansion and realization of the law, the government must make sure it is not merely nominal. Just passing a law is not a solution to everything. Many problems will arise once measures are taken on how to handle unsolved cases and how current crimes are compared to investigations. If the limitations of the statute disappear, there will be changes in other fields as well.
Korea stands as a great example of development, as it has abolished the limitations of the statute for the crime aspect of ‘murder’. This abolition of limitations should bring positive outcomes. We should carefully look at the laws to ensure that justice is served and everyone is protected, regardless of whether the person is actively involved or not. The problem is that bystanders’ attitudes towards the law and whether it exists or not need to be the focus. Now, they are wondering how it can promote a better quality of life, and the abolition of limitations of the statute has gathered the public’s attention.