[취재파일] The reason why the prosecution at the Joint Special Investigation Headquarters of LH Suspicion was omitted

Prime Minister Jeong Sye-gyun yesterday (8th) called Nam Gu-jun, head of the National Investigation Headquarters, who had worked at the current government’s Blue House, to the office and ordered the expansion and reorganization of the’Real Estate Speculation Special Investigation Group’ of the National Investigation Headquarters into the joint government special investigative headquarters. He explained that not only the National Investigation Headquarters of the police, but also various related organizations such as the National Tax Service and the Financial Services Commission will participate in the Special Investigation Headquarters.

However, when I heard Prime Minister Jeong Sye-gyun’s instructions through the media, I had a question. It was difficult to understand why the government joint special investigative headquarters was missing the prosecution, a key government agency related to law enforcement.’Savings Bank Corruption Government Joint Investigation Team’ (2012) or’Sewol Ferry Disaster Prosecutors’ Joint Investigation Headquarters’ (2014) It was a more incomprehensible measure considering the fact that the prosecution had rarely been excluded until now when the headquarters of the investigation was established on an important issue of national interest, such as.

● Prime Minister Jeong Sye-gyun “(LH suspicion) is a test bench of the newly launched National Investigation Headquarters”

A hint was found in Prime Minister Jeong Sye-gyun’s explanation of the significance of the government joint special investigation headquarters. Prime Minister Chung said, “Private economic cases such as real estate speculation are the core investigation area of ​​the police according to the adjustment of the prosecutor’s office and will be a measure of the police investigation capabilities.” I will keep in mind that I have risen, and I will focus all my investigative capabilities with extraordinary determination.” Investigation and prosecution have been separated, and the prosecution’s investigation command has been abolished, and after the current government’s control of the prosecutor’s right to investigate the police has become independent from the prosecution, it is considered that’investigation’ is not the area of ​​the prosecution. It was interpreted to mean that the police (guksubon) took the lead, not including the prosecution at the headquarters.

Allegations of real estate speculation, which are the main crimes to be investigated by the Joint Government Special Investigations Headquarters, are not included in the six major crimes permitted by prosecutors to investigate directly under the revised Prosecutors’ Office Act. This means that under the current legal system, prosecutors cannot directly investigate criminal charges related to real estate speculation. From this point alone, it seems convincing that the government’s joint special investigative headquarters ruled out the prosecution. However, when I see that the IRS and the Financial Services Commission are included in the joint government special investigation headquarters, questions arise again. This is because the IRS and the Financial Services Commission are only special judicial police officers who can only investigate charges related to tax evasion or capital market law, and they do not have the same authority as prosecutors to investigate crimes related to real estate speculation, the main allegation.

Of course, regardless of the investigative authority, there is a reason for the IRS or the Financial Services Commission to participate in the joint investigation headquarters. This is because the participation of the IRS or the Financial Services Commission is required for fund tracking. Because IRS or FSC employees have access to tax data or records of financial transactions, they can track a significant portion of them without a court-issued warrant. This is why there are many investigative agencies that wish to dispatch employees of the IRS or the Financial Services Commission when investigating the flow of money is important.

● Can’t attend because you don’t have the right to investigate?… Why is the National Tax Service and Financial Services Commission?

However, it is more difficult to understand that the prosecution was excluded from the joint investigation headquarters if an employee of the National Tax Service or the Financial Services Commission, who does not have the right to directly investigate violations of real estate-related laws, participates in the joint special investigation headquarters because of the need for investigation. This is because, as everyone knows, the prosecution’s ability to claim warrants plays a key role in the investigation process. In addition, since the purpose of the investigation is to eventually prosecute the suspect and convict in court, it is necessary to present the legal direction of the prosecutor, who must argue innocence with a lawyer in the court in order to conduct a’convict investigation’ on a complex crime charge. Do it.

Even if the police are in charge of the investigation, the reason why the prosecution should participate in the joint government investigation headquarters on serious matters becomes clearer by looking at the case of the United States, which is called a separate country for investigation and prosecution. Contrary to some distorted claims, US federal prosecutors often investigate serious matters directly. However, in the usual case, federal prosecutors in the United States work in collaboration with law enforcement agencies, such as the FBI, which are responsible for practical investigations. When a national issue arises and a joint government investigative headquarters including several related agencies is formed, the federal prosecutor leads the investigative headquarters, requests a warrant from the judge, and provides the legal direction for convicting after prosecution from the investigation stage. .

● The US federal prosecutor’s office, where’investigation and prosecution are separated’ is also led by the investigative headquarters.

For example, let’s take a look at the press release posted on January 29th this year on the website of the US Department of Justice. “United States Attorney’s Office Launches Law Enforcement Task Force Focused on Human Trafficking.” The federal prosecutors’ office in upstate New York, USA, has formed a joint task force, together with other agencies, to investigate crimes in human trafficking. Participating agencies are the FBI, the Department of Homeland Security Investigation, Drug Enforcement, New York State Police, and Sheriff’s Office. According to the press release, Lenseller’s Sheriff Patrick Rousseau said, “I applaud the US Federal Attorney for taking the lead (in the investigation of human trafficking) and we will help in any way we can.”

It is not unusual for the U.S. federal prosecutors to lead the joint government investigation headquarters. A press release posted on the US Department of Justice website on May 15, 2020 also reads, “Federal Attorney McAllister Announces the Formation of the Corona 19-related Fraud Investigation Headquarters in Kansas. US Attorney McAllister Announces Kansas Covid-19 Fraud Task Force.” . Participating organizations specified in the press release are the FBI, the Ministry of Labor, the Environment Agency, the Food and Drug Administration (FDA), and the Internal Revenue Service. Although the United States is known as a separate country for investigation and prosecution, it is taken for granted that federal prosecutors participate in and lead the joint government investigation headquarters.

Prosecutors form an investigation headquarters and collaborate with the police, which can be found not only in the United States, but also in German and French prosecutors. Prosecutors in Germany or France exercise the power of investigation or command of investigation, but they are usually referred to as “Kopf ohne Hände” because they do not have practical investigative personnel and usually only direct police investigations. However, when a particular national problem arises, the prosecution, the “head without hands” and the police with the “headless hands and feet”, form a team to investigate. In 2015, when a suspicion of manipulating Volkswagen’s emissions was raised, the German prosecution and police investigated one example.

● The possibility of ‘6 major crimes’ being investigated by the prosecutor was excluded from the beginning?

Looking at the cases of the United States and Germany, where investigations and prosecutions are classified as separate countries, allegations of real estate speculation related to LH ordered by the Prime Minister to “concentrate all investigative capabilities with an emergency resolution” one month before the large by-election. It is difficult to understand why the prosecution was excluded from the joint government investigation headquarters in the case. Some diagnosed that this happened because the scope of the prosecution’s direct investigation was limited to six major crimes through the adjustment of the prosecutor’s right to investigate, but real estate that plays a key role in investigations such as warrant request or prosecution in the yard where the Financial Services Commission and the National Tax Service also participate. There is no reason for the prosecution to be excluded just because there is no direct investigation authority for speculative crimes. Regardless of the current government’s reconciliation of prosecutors’ authority or the separation of investigation and prosecution, it means that the prosecution’s participation in the joint investigation headquarters is essential.

In addition, if Prime Minister Jeong Sye-gyun’s remarks, saying that he will seek a serious crime by a public official in the course of the investigation, is sincere, a government joint special investigation will be conducted by a prosecutor who can directly investigate the six major crimes, such as leaking confidentiality in the case of conspiracy or neglect of more than 500 million won. Wouldn’t it be natural to be part of the headquarters? Rather, the exclusion of prosecutors from the investigation headquarters might give an erroneous signal that the current government is not considering the six major crimes of public officials ahead of the election.

● Why do you say “we need organic cooperation between the prosecution and the police”?

Just by looking at President Moon Jae-in’s remarks, it is very clear why the prosecution should participate in the joint government investigation headquarters. President Moon Jae-in said, “It is the first case that requires organic cooperation between the prosecution and the police,” at a job report held by the Ministry of Justice and the Ministry of Public Administration and Security held yesterday (8th). , Now we need to maximize the response capacity of the national investigative agency through organic cooperation.” The prosecution also ordered, “Please consult with the police more closely in discussions to share investigation know-how and techniques, and to establish the direction of the investigation.”

According to President Moon’s words, organic cooperation between the prosecution and the police is essential to investigate allegations of LH-related real estate speculation. Still, why should we understand why the prosecution was not involved in the joint government investigation headquarters? Organic cooperation is important, but what is the reason for excluding it from the joint investigation headquarters? As the ruling party politicians have emphasized many times, the prosecution is also an external agency belonging to the administration, but at the time when it is necessary to “maximize response capacity,” why should the government-affiliated agency, which plays a key role in the investigation, be excluded?

● Is it because of the rhetoric of’separation between investigation and prosecution’? if not…

The purpose of any criminal investigation is to prosecute the suspect, bring him to court, and convict him. (Or, through investigation, the suspect’s innocence is confirmed and the charges are dismissed.) It is up to the prosecutor to request a warrant necessary for a forced investigation, and to prosecute the suspect and to be convicted in court. Therefore, the prosecutor must give a direction to the judicial police as to what conditions are necessary to obtain a warrant from the judge, and what evidence must be collected in order to be convicted after setting the suspect in court. Judicial police officers also need directions from prosecutors for complex and serious crimes. This is common in most countries with modern criminal justice systems, whether in the United States, France or Germany.

In common sense, it is difficult to understand that the prosecution was excluded from the joint government investigation headquarters, which was formed to investigate special crime allegations with national attention. Moreover, given the reality that the prosecution took over the direct investigation of serious crimes not long ago, it would be appropriate to join the prosecutor to the joint investigation headquarters in order to utilize the capacity to investigate serious crimes accumulated in the prosecution. Regarding the meaning of the government’s joint special investigative headquarters, ignoring too natural measures, it stipulates that “Private economic incidents such as real estate speculation are the core investigation area of ​​the police according to the adjustment of the prosecutor’s right to investigate and will be a measure of the police investigation capability” (Prime Minister Jeong Sye-gyun). It cannot but be evaluated as distorting the method of resolving important national issues in order to emphasize the current government’s rhetoric of’separation between investigation and prosecution’. If not, is there a special reason to exclude the prosecution of today, where unlike in the past, there is no law that only investigates as the government wishes?

●’What would have happened if the prosecution had investigated’… Will it happen in reality?

Finally, I introduce an article posted on the Internet community last night. The author introduced himself as a prosecution investigator. However, as a result of checking with multiple prosecutors and prosecutors, I said that from the content of the article, I had no choice but to see it as a prosecution investigator (or prosecutor) with experience in investigating. It seems that this article cannot be written unless you are familiar with the practice of the investigation. (Additional: This article is said to have been originally posted on the’Blind’, an anonymous community of employees that can be used after the Supreme Prosecutors’ Office employee authentication.)

Those listed in this article as’if the prosecution had investigated, would have already undertaken’, whether the joint government special investigative headquarters would implement forced investigations related to the approval line designated for a new city in the future, and those who were confirmed to have actually abused their authority fraudulently. I’ll see if I can put it in court and get guilty.

-LH gate investigation method suggested by the prosecutor’s office / March 8, 2021 On 21.2.24, Minister Byun announced a plan to promote a new public housing site to expand the supply of housing in the metropolitan area, and immediately raised allegations of LH speculation in Minbyun. character!! From now on, the prosecution is said to be absent, so we are watching and writing a word about the situation so far. This investigation is ruined haha The cops would think the same. I’ll explain why… Right now, the President is talking about a full survey of land transactions in the 3rd new city including Gwangmyeong Siheung, confirm the loan name transaction, check the registered copy and the lh employee, and Prime Minister Jeong disgraces the speculative employees. This is all useless. It’s futile. The media outlets and apprentices can do it. Really, this can be done after some investigation. You can check that anytime. If the prosecution did it, or if Han Dong-hoon did it, then today, the Ministry of Land, Infrastructure and Transport, LH. Gwangmyeong Siheung, the real estate industry must have entered a massive seizure and search. Why?? I don’t need a full survey above. First, the district unit plan was drafted, interim approval, and final approval line by dividing into two teams, and the person who shared this information. The person who made the detailed plans for the related district plan. The approval line that was set up as a home in 2011, lifted it, and promoted again this time, the department and the person who decided that Gwangmyeong was more suitable than the other Namyangju, Goyang. Considering that this information may have been leaked, the company’s messenger e-mail, official approval line, and the communication fact of the person in charge for 1 year should be confiscated first. This is the top priority. The other team confiscated and searched the financial transactions of land transaction contractors in Siheung, Gwangmyeong over the past five years, checked the consolidated accounts, made a chart of who the money came from and the land transaction was finalized, and kept following the deposit account. If you go two-track like this and look at the two teams’ investigators and see a series of flows when you see the manager, you can say hey, here and go, and you go. That’s what will come out after a thorough investigation of the land transaction. For two months, only Pyramid employees come out. Because the seniors above, I must have done it below, it’s obvious that the seniors will get out with the car name smartly and only the juniors will get caught. Youn said yesterday. By stealing public information….. Damages the people and gives you time to destroy evidence….. Here’s the answer… Right now, the children who traded in land should be called and taken shelter as soon as they come out after tracking financial transactions. Then I heard from whom I heard from whom. I couldn’t help but say So you have to do this quickly What are the kids who traded land now This area was designated as a home in 2011 but was canceled, so I looked at it later and invested. I didn’t know this decision. It ends with being 100% innocent. Now, if you rewrite your borrowing card, exchange interest payment confirmations, delete emails, there is no evidence. You have to call it before discussing it, so it will be an investigation. When does this controversy come out now, I need to get a warrant on the weekend and get a warrant at least today. What are you saying to create a joint investigation team???? Check out the draft line of the housing supply approval line, and receive or confiscate the e-mails, approval documents, and documents that have been finalized in Gwangmyeong Siheung. What are you doing? I thought I was preparing like that, but I did a thorough investigation and confirmed the car name transaction…. It’s really bad. I write in this frustration. I’m going to do something with the National Tax Service for financial violations, but if you send me an official letter and ask for a reply, I’ll give it to you right away. The IRS financial grid is also busy. This is Gwangmyeong. We have to call the approval line that we decided… What is the reason for the decision? So, if you’re sure you’re secure, don’t you and your relatives agree to financial transactions, land transactions, and voluntary e-mail submissions? If you check the line like this, it automatically appears at the bottom What do you do if you reveal that… I just took it because I judged it, so I’m innocent It’s a pity that there are too many prosecutors and investigators who want to do this… The rule of law is falling…

[참고자료 1] U.S. Federal Attorney’s Office press release on the formation of a joint human trafficking investigative headquarters


[참고자료 2] U.S. Federal Attorney’s Office press release on the formation of a joint fraud investigation headquarters in Kansas Corona 19

(Photo = Yonhap News)