[사회][취재N팩트] Constitutional “The Airborne Law Constitutional”…recommends Yeo Woon-guk to the deputy chief of the Airborne Ministry

[앵커]

The Constitutional Court made a constitutional decision saying that the law that established and operated the high-ranking public officials criminal investigation office did not violate the principle of separation of powers.

Minister of Public Affairs Kim Jin-wook immediately opened a briefing and expressed a welcome position that he was able to devote himself to his business, and offered a singular proposal for lawyer Yeo Woon-guk, former judge, as deputy chief of the Ministry of Public Affairs.

We will connect reporters to find out more details. Reporter Kang Hee-kyung!

Let’s first look at the decision of the Constitutional Court yesterday.

A decision was made to dismiss or dismiss all of the claims for the Constitutional Appeal.

A specific judgment came from the three provisions?

[기자]

The Constitution decided that the law on the establishment and operation of airlifts was contrary to the constitution, and in a judgment on a constitutional appeal issued by the opposition party.

Among the provisions of the Airlift Law, Articles 2 and 3, which specify the targets of investigation and prosecution as high-ranking officials and their families, and Article 8, Paragraph 4, which stipulate the scope of duties of the prosecutors of the Airlifts, were limited to the trial.

Since the claimants are members of the National Assembly, they are subject to investigation or prosecution depending on the situation, and their basic rights may be violated, so it was determined that it is a legitimate claim.

First of all, it was concluded that the Constitution was constitutional for two main reasons for Articles 2 and 3 of the Airborne Act.

[유남석 / 헌법재판소장 : 고위공직자범죄수사처 설치 및 운영에 관한 법률 제3조 제1항, 제8조 제4항에 대한 심판청구를 모두 기각한다.]

Regarding the allegation of violating the separation of powers, it was judged that the government had to view the airlift as belonging to the executive branch, and that the fact that it was established independently of the existing organization was not a violation of the principle of separation of powers.

In addition, the high-ranking officials explained that the high level of integrity is required as the possibility of committing a power-type crime and the resulting negative ripple effect is high.

Regarding the allegations that the constitution violates the principle of warrantism, the prosecutor at the investigative agency is also qualified as a legal expert, and it is not a violation of the principle of warrantism.

[앵커]

All others have decided to sir. What is the reason?

[기자]

The rest were provisions on the composition of investigation centers and distribution of authority among other investigation agencies.

As the possibility of infringement of basic rights was not recognized as it did not affect the legal status of the claimants, the Constitution decided to dismiss the claim without making a specific judgment that the claim itself was inappropriate.

Rep. Yoo Sang-beom, the power of the people, criticized the constitution for making a political decision.

[유상범 / 국민의힘 의원 : 좀 더 심도 있는 결정이 될 것으로 기대했는데 달랑 세 개 조문을 판단하기 위해 일 년을 끌었다는 데 대해 심히 유감을 표명하지 않을 수 없습니다.]

[앵커]

However, with this dismissal’s decision, the unconstitutional opinion on the provisions of’transfer of investigation rights’ was not easy?

[기자]

Paragraph 1 of Article 24 of the Airlifting Act allows the airlift to request a transfer and take over the right of investigation when an investigation overlaps with another investigative agency.

There was no original judgment on this.

However, judges Eunae Lee, Jongseok Lee, and Youngjin Lee gave opinions of’unconstitutional’.

Even if it is an independent administrative agency established by law, it is contrary to the principle of separation of powers to unilaterally give an advantage over other institutions.

Then, Judges Lee Seok-tae, Moon Hyeong-bae, and Lee Mi-seon, who gave your opinion, confronted them with a supplementary opinion of’constitutionality’.

He refuted that the distribution of authority among administrative agencies was a matter of legislative law, not a separation of powers, and emphasized that it limited the reasons for requesting a transfer of legal crimes.

This clause is constantly being mentioned in relation to the illegal departure ban case of former Justice Minister Kim Hak-eui, which is currently being investigated by the prosecution.

Although the decision to dismiss was made, there were many opinions about the possibility of being unconstitutional, and it was evaluated that it left a spark of controversy.

[앵커]

Anyway, as a result, the controversy over the unconstitutionality over the airborne law has ended.

Kim Jin-wook immediately held a briefing and announced the candidate for the deputy general manager, right?

[기자]

First, Deputy Commissioner Kim expressed a sense of relief that the controversy over the unconstitutionality of the Airlift Act was ended with the Constitutional Court’s decision to make a constitutional decision, allowing him to focus on his business in the future.

At the same time, he said that he would propose a singular proposal for lawyer Yeo Un-guk, who was a judge, as the first deputy candidate for the Minister of Public Transport.

Originally, we reviewed the request for revenge, but after collecting opinions from the people around us, we decided to propose attorney Yeo Woon-guk among one former judge and one former prosecutor.

[김진욱 / 고위공직자범죄수사처장 : 선례가 된다는 점에서 (차장) 제청은 복수가 아니라 단수여야 한다는 다수 의견에 따라서 단수로 제청합니다.]

Attorney Woon-guk Yeo is the vice president of the Korean Bar Association. He resigned in 2016 after serving as a judge in the Seoul High Court, starting with the Daejeon District Law in 1997.

Deputy Chief Kim explained that it would be a complementary relationship with himself, who majored in the Constitution, as a criminal lawyer who served as a judge in charge of warrants.

He also emphasized that he is a person who has guaranteed political neutrality and independence, and has a lot of experience in indirect investigations through trials.

The deputy head of the Ministry of Public Transport is the person who will be in charge of the investigation and is appointed by the President at the request of the Director.

Deputy Chief Kim said that yesterday he had already submitted a question from reporters asking when to make a proposal on his way to work today.

[앵커]

I am also very interested in whether the suspicion of the illegal departure of Kim Hak-eui, the former Vice Minister of Justice, becomes the 1st case of the airlift.

What was your position on this?

[기자]

Deputy Minister Kim said that the former Vice Minister Kim’s case could be the subject of an investigation by the Ministry of Public Affairs, but drew a line that it would not be the conditions for the investigation because it is now in a position to select and organize prosecutors and investigators.

I didn’t come up with a clear answer.

When the deputy general manager is appointed and the personnel composition is completed, discussions are expected to continue internally.

He only responded that further discussion is needed to the question of whether there is a potential for violations of the Airlift Act if the prosecution investigates the’prosecutor’s case’, which is the subject of compulsory repatriation before the personnel composition is completed.

However, it seems that it will take at least two months for the full-scale investigation to be prepared, so confusion among the investigative agencies seems inevitable.

YTN Kang Hee-kyung at the Ministry of Social Affairs[[email protected]]is.

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