In April 2006, a complainant known as Park (38) submitted a complaint to the NHRCK to the effect that " The use of hidden cameras by the Korea Customs Service, Seoul Metropolitan Government, National Police Agency, Korea Food & Drug Administration, and the Ministry of Labor in conjunction with the Korean Broadcasting System (KBS) in the production and broadcasting of a program titled " Joeunnara Undongbonbu (Center for Creation of a Good Nation)" under the pretext of serving the public interest was a violation of the human rights of many and unspecified persons."
The NHRCK recommended to the Commissioner of the Korea Customs Service, Mayor of the Seoul Metropolitan Government, Commissioner General of the National Police Agency, Commissioner of the Korea Food & Drug Administration, and the Minister of Labor that measures to eliminate any risk of human rights abuses against investigated persons be devised when the broadcasting company requests cooperation in filming the activities of the mobile crackdown teams.
△ During the investigation by the NHRCK, the Korea Customs Service contended that since the Incheon International Airport Customs is an off-limits security zone where any shooting for broadcasting purposes is restricted, all shooting was carried out in an open place with the permission of access and shooting by the authorities concerned. The Korea Customs Service also stated that 6mm cameras were used so that investigated persons would be aware of the shooting and that shooting was not carried out when refused by those persons. It also argued that in cases where it was determined that travelers" right of portrait might be violated, their image was mosaic-blurred during television broadcasting.
△ The Seoul Metropolitan Government maintained that it was not involved in program planning, production, editing, or broadcasting by KBS, although it cooperated with KBS when the broadcasting company issued a request for close coverage of the activities of the " 38 Mobile Tax Collection Team" to collect taxes in arrears. It also said that all shooting was conducted with cameras exposed so that all involved persons would know they were being filmed. In addition, it asserted that no hidden cameras were used for production of the program because shooting was not done without the consent of persons involved.
△ The National Police Agency contended that crackdown on drivers under the influence on a highway by traffic police officers associated with the Highway Patrol was covered by the production team of the program. It said that no illegal actions were perpetrated by police officers against drivers in the shooting process.
△ The Korea Food & Drug Administration argued that its crackdown activities titled " food hygiene and safe dining" were filmed by the production team of the program. In addition, it maintained that no hidden cameras were used in violation of the human rights of many and unspecified persons.
△ The Ministry of Labor asserted that the " role of work supervisors who address the hardships of workers with back pay" was covered by the production team of the program. It added that a hidden camera was never used and that all cameras were noticeable by the persons involved.
In addition, the five organizations including the Korea Customs Service stated that they merely provided cooperation for shooting after receiving an official request for cooperation from KBS. They also said that 6mm digital cameras noticeable by filmed persons, not hidden cameras, had been used.
The NHRCK dismissed the complaint because there was a lack of objective evidentiary materials and the acts by said organizations could hardly be deemed human rights violations given a civil ruling on a KBS program on current issues (Choi Jae-Won" s Pursuit of Conscience).
The five agencies including the Korea Customs Service did, nevertheless, offer proactive support for the production and shooting of " Center for Creation of a Good Nation" in accordance with the broadcasting company" s request for cooperation, allowing its production team to accompany officers in charge of crackdown activities. As a result, all particulars on the investigation process and coverage details were delivered to television viewers around the nation. Although the broadcasting company resorted to mosaic-blurring and voice sound modulation, the topography and natural features around investigated persons" residences were filmed in the process of dispatch of the mobile crackdown teams, rendering it easy for their neighbors and acquaintances to identify who they were. Some persons, furthermore, might allow filming owing to a misunderstanding that employees of the broadcasting company accompanying a mobile crackdown team were members of the team. There is also the possibility of infringement upon individuals" privacy and right to portrait by entering their residences for shooting without going through due legal process. Therefore, the NHRCK determined that it was necessary to devise measures to eliminate the possibility of human rights abuses against investigated persons even in cases where a broadcasting company requests cooperation for shooting in connection with activities by a mobile crackdown team for the purpose of reporting in the public interest. In particular, the NHRCK judged that said acts by the five agencies might violate human rights guaranteed under Article 10 (human dignity) and Article 17 (secrecy and freedom of privacy) of the Constitution. Thus, it recommended that the Korea Customs Service and other agencies concerned devise basic measures to prevent any human rights abuses against investigated persons
