[단독] “The withdrawal of Kim Hak, saying it is legal… the head of the Ministry of Justice refused to the end”

It was found that the head of the Immigration Policy Division of the Ministry of Justice at the time avoided the approval of the approval request in the process of post-approval related to the alleged illegal emergency departure ban against former Vice Minister of Justice Kim Hak-ei. Eventually, the manager skipped and only the superior, Cha Gyu-geun, head of the Immigration and Foreign Policy Headquarters of the Ministry of Justice, approved the approval request with the fake internal case number.

It means that it was illegal in the emergency withdrawal procedure to the extent that a senior official of the Ministry of Justice rejected the approval during the post-approval process. It is also contrary to what the Ministry of Justice claimed was legal on the 12th.

According to the JoongAng Ilbo coverage on the 13th, prosecutor Lee Gyu-won (43) dispatched the Supreme Prosecutors Office’s Past Photographic Investigation Team to Incheon Airport on March 23, 2019 at 0:08, in the name of the’Superior Prosecutor’s Office (Prosecutor’s Office of Seoul East District Prosecutor’s Office)). To prevent Kim from boarding a flight to Bangkok, Thailand. Afterwards, at 3:08 am, a request for approval of an emergency ban on departure from former Vice Minister Kim was filed at the Immigration and Foreigner Policy Headquarters of the Ministry of Justice. However, an employee of the Immigration Department of the Ministry of Justice requested approval from the Director of Immigration Policy A at the time, but the former Director A said that he did not sign until the end.

At the time, an official who knew the immigration status of the Ministry of Justice said in a phone call with the JoongAng Ilbo that day, “As the former head of the morning of the day A reported that there was a problem with the approval request and did not pay the approval, the employees eventually skipped him and went to the home of the head of the car and received the approval.” “The manager knew the illegality of the request for approval even within the immigration to avoid the approval,” he said.

According to the 106-page public interest report obtained by the JoongAng Ilbo, Vice Minister Kim tried to catch a flight from Incheon Airport to Thailand at 0:20 am on March 23, 2019, but 10 minutes before departure, the airport immigration and foreigners He was notified of the ban on leaving the country and was banned from boarding. This prosecutor made a request for an emergency ban on departure by computer at 0:08.

The case number that the prosecutor wrote as the basis for the urgent departure ban was’Seoul Central District Prosecutor’s Office 2013 Brother No. 65889′, which was the case number for sexual assault that former Vice Minister Kim had already been acquitted of in 2013. Under the Immigration Control Act, it was impossible to be eligible for an emergency withdrawal of a crime suspect who could receive the death penalty, weapon, or imprisonment for longer than three years.

In addition, in the enforcement ordinance of the same law, the’head of an investigative agency’ should request an emergency ban on departure, but this prosecutor was the dispatcher of the fact-finding team without the right to investigate. At this time, the prosecutor sent a request without the officials of the Seoul East District Prosecutor’s Office, where the fact-finding team is located, and did not submit a document stating that Kim was eligible for emergency withdrawal and the reason for urgent withdrawal.

In accordance with the Immigration Control Act, an investigative agency must send a request for approval to the Ministry of Justice within 6 hours from the time of requesting an emergency ban on departure and obtain approval from the Minister of Justice within 12 hours. Otherwise, the ban on departure must be lifted. This prosecutor also filed a request for approval from the Ministry of Justice at 3:08 am that day. This time, instead of the case of no charge of the Seoul Central District Prosecutor’s Office, which was written in the approval request, I wrote the number of the internal case of the Seoul Eastern District Prosecutor’s Office called “2019 Internal Affairs No. At that time, it was a ghost case where the same number of incidents did not exist.

Regarding the avoidance of approval by former director A, Director Cha explained, “It is correct that the approval column of former director A was empty in the approval documents at the time,” and “However, since the approval column is empty and the approval rejection is clearly different, I hope there will be no misunderstanding.” . With this, it is interpreted that the former general manager of A has made a clear statement of intention that he disagrees with the approval because he did not even make a post-approval.

However, former General Manager A said, “I have nothing to remember” on the phone with the JoongAng Ilbo. In October of that year, former General Manager A retired at the end of last year after moving to an agency under the Ministry of Justice.

Regarding the suspicion of illegal departure the previous day, the Ministry of Justice said, “Because this prosecutor corresponds to an investigative agency that was ordered by the Dongbu District Prosecutor’s Office, he had the authority to grant an internal investigation and internal investigation number, and to request an emergency departure ban,” said “Kim, who was under serious charges at the time. “There was a need to consider the urgent and inevitable circumstances that the former vice minister was on the verge of fleeing abroad at night.”

However, an official at the prosecution said, “This prosecutor was ordered by the Seoul Eastern District Prosecutor’s Office, which is the location of the fact-finding group, and had no authority to investigate, as the prosecutor’s office was’limited to fact-finding work’. He pointed out that it should not happen that he made an internal case without approval and requested an emergency withdrawal, which is the same requirement as an emergency arrest under the Criminal Procedure Act.”

In the legal community, it is suspected that Cha has played a key role in the illegal emergency withdrawal process. However, in the 2019 investigation by the Suwon District Prosecutors’ Office of Anyang, only the immigration staff of the Ministry of Justice investigated the upper line. According to the public interest report, an employee of the immigration department said to the KakaoTalk Group Kakao Talk room at the time, “The manager talks about the emergency (withdrawal) disapproved and the person making it under the authority of the Minister of Justice, and the investigative agency judges whether the head of the headquarters is the suspect or not. He said that it can be seen as meeting the requirements,” and sent a message saying, “It seems to be going toward the opinion of the head of the headquarters.”

Headquarters Cha is the chief executive officer who was appointed in September 2017 as an attorney from the Attorneys’ Association for Democratic Society (Minbyun) and has held the position for more than three years and three months. It is said that Cha is the only person who has served as the head of the immigration headquarters for over two years. This is the second case that he was hired as an executive in the Ministry of Justice, who was only in charge of prosecutors in accordance with the policy of deprosecution in the Ministry of Justice following the head of the Legal Affairs Office Lee Yong-gu.

An official in the legal profession said, “Most of the personnel involved in the suspicion at the time, including the head of the Cha headquarters, were holding important positions or were permanently dead.”

Reporter Kang Kwangwoo [email protected]