Controversy over some of the procedures for the emergency immigration ban made in accordance with the late-night overseas departure attempt by former Vice Minister Kim Hak-eui is the issue of the immigration ban itself, in light of the fact that the Minister of Justice has the authority to ban departure under the Immigration Control Act. It is only a secondary controversy that cannot affect legitimacy and relevance. There is also a precedent that he was banned from leaving the country under the authority of the Minister of Justice without request from an investigative agency. 1. The situation at the time in relation to the former Vice Minister Kim Hak’s case ○ Progress of the case ’13. 3. Regarding the former vice minister of Kim Hak, appointed as the Vice Minister of Justice, the prosecution said in ’13. 1. Following the suspicion of a special rape case sent by the police as an opinion of prosecution, the accusation case filed by a woman alleged to be victimized in ’15. 1. In the process, criticism was raised as a typical ‘watching’ or ‘covering my family’ investigation, such as dismissing the police’s departure and arrest warrant application for the former Vice Minister Kim Hak’s who failed to attend several times in the process. In the previous judicial prosecution reform committee, 9. It was recommended to establish the Prosecutors’ Past History Committee to investigate the facts of suspected abuse of the prosecutor’s right in the past. 4. 24. A formal investigation into the case of former Vice Minister Kim Hak was recommended. From the 5. Gyeonggi period, the Great Checkup Truth Investigation Team (established on Feb. 18, 2018) notified of the summons of Kim Hak’s former vice minister after reviewing past investigation records and investigating key stakeholders such as victim women. 3. 15. Former Vice Minister of Hak Kim refused to respond to the request for attendance without any notice, and in ’19. 3. 22. Attempted to leave Korea late at night ※ Since ’19. 3. 25. Prosecution’s Past Investigation Committee’s recommendation for investigation (bribery under the Special Price Act) → ’19. 3. 29. Investigation team composition, full-scale investigation → ’19. 6. 4. Detention on charges of violation of the Special Act (bribery) → ’19. 11. 22. 1st trial innocence, etc. (provision of statute of limitations) → ’20. 10. 28. Partial guilty of appeal trial (June 2 years imprisonment, legal detention) ○ ’19. 3. 15. (No attendance) ～ ’19. 3. 22.(Late-night departure attempt) Situation March 15, 2019 (Fri) After Kim Hak-eui’s refusal to attend the Past Photographic Investigation Team, former Vice Minister Kim Hak-e’s past criminal charges and re-investigation of this, then Kim Hak-e’s former Vice Minister Media reports related to whereabouts and the possibility of leaving Korea were pouring out as follows (a total of 3,820 media articles including “Kim Hak-ui” during the period 19.3.15~22 were confirmed) -‘Suspicion of sexual hospitality at the villa’ Kim Hak-eui , Cut off contact and refused to subpoena (Hankyoreh, 3.15), refused to subpoena… Use four’car name phones’ (MBC, 3.16) to remove charges of special rape”…Prosecutors dismissed Kim Hak’s ban on departure twice (KBS, 3.18) ) Why was the forced investigation of Kim Hak’s case cancelled? Without seizure and search and summons, No charges 2 (Kookmin Daily. 3.20), Kim Hak’s arrest warrant 3 times, departure ban 2 times… Suspicion of external pressure (Hankyoreh. 3.20) Even refused to be arrested… Swords’investigation of Kim Hak’ will be crushed if there is a gap (Seoul Shinmun, 3.20), the temple is hiding… it seems that the investigation will not respond (Channel A. 3.21) No departure ban… Is it possible to investigate Kim Hak-ei? (SBS, 3.21) Conviction is possible when the credibility of Kim Hak’s special rape statement is secured” (Seoul Shinmun. 3.22) According to media reports at the time, former Vice Minister Kim Hak-e was’refusing to attend the fact-finding team’ After a number of media reports saying that he had used his car name phone in the past, it was reported that he was hiding in the temple, and furthermore, Kim Hak-e’s former Vice Minister Kim Hak’s said, “There was no ban on leaving the country for Kim Hak’s former vice minister”. There was even a report on the possibility of evacuation, and that’if former Vice Minister Kim Hak-eui goes abroad, direct investigation of the suspected party will be impossible at all’ 2. Article 4 (2) of the Immigration Control Act related to emergency departure ban and approval measures — The Minister of Justice said A person who is deemed inappropriate to leave the country for criminal investigation may be prohibited from leaving the country for a period of not more than one month. ○ Article 4, Paragraph 2 of the Immigration Control Act, which is the basic provision of the Minister of Justice’s authority to prohibit departure, does not contain the phrase’when requested by the head of the relevant agency’, but’admitted that departure is inappropriate for criminal investigation’ If so, it is stipulated that it is possible to prohibit departure even under the authority of the Minister of Justice. ○ However, since it is not easy for the Minister of Justice to determine whether it is appropriate to leave the country for criminal investigations, in general, if there is a request from an investigating agency, it is prohibited to leave the country after determining whether the person concerned is’inappropriate to leave the country’. Is being done. ○ This does not mean that the Minister of Justice cannot prohibit departure by ex officio. In fact, there was no request from an investigative agency, but there is a precedent that the Minister of Justice banned the country from leaving Japan ex officio (2013). In other words, even if there is no request from an investigative agency, the Minister of Justice has the legal authority to prohibit departure from the country ex officio for’a person who is recognized as inappropriate for criminal investigation’ due to objective circumstances. ○ In the case of cases such as special rape by former Vice Minister Kim Hak-e, in accordance with the public criticism of the prosecution’s investigation of’covering my family’, the recommendation of the Prosecutors’ Past History Committee of the Ministry of Justice and the investigation of the facts of the past history of the Supreme Prosecutor’s Office were initiated, and an investigation was conducted on the relevant people. In a situation where the former Vice Minister of Supreme Kim Hak was refusing to attend, the news about his disappearance and the possibility of evacuation abroad was widely reported in the media, so the Minister of Justice judged it as’a person deemed inappropriate to leave the country for criminal investigation’. It was possible to ban departure from the country by ex officio, and if there was no request for an emergency departure ban, it would have been done under the authority of the Minister of Justice, and if not, it would have been a situation that could lead to abandonment of duties for the people. Controversy over some of the procedures for the emergency immigration ban after the fact of the attempt was discovered affects the legality and substantiality of the immigration ban itself, in light of the fact that the Minister of Justice is given the authority to ban departure under the Immigration Control Act. ○ Even in relation to the detailed procedures of the emergency departure ban for former Vice Minister Kim Hak-e, ① the prosecutor belonging to the past fact-finding group who requested the emergency ban on departure and post-approval was “Prosecutor at the Seoul East District Prosecutors’ Office” Since it is a’investigative agency’ as an’independent government office’ that has received an order (period: ‘18.5.1.~’19.5.31.), it has the authority to grant internal investigation and internal investigation number, and to request an emergency departure (Article 4-6 of the Immigration Control Act). Stipulates that the’investigation agency’ may request an emergency departure ban), ② At the time, the time when Kim Hak-ei’s attempt to leave overseas was detected only 1 hour and 20 minutes before boarding the plane. If the ban was delayed and the former Vice Minister Kim Hak-eui flees abroad, it would be virtually impossible to investigate the public interest due to serious charges of high-ranking officials. The Past History Committee was formed, and accordingly, a Past Photographic Investigation Team was established at the Great Swordsman, and an investigation was underway on Kim Hak’s former vice minister Comprehensively, the fact that it was possible to ban departing directly from the country because the media intensively raised concerns about fleeing abroad, and the allegations that the emergency ban on departure from the Ministry of Justice ignored legal procedures or was illegal was due to misunderstandings and facts. 3. Regarding the inquiry of records such as immigration regulations ○ Legal basis The Minister of Justice has the authority to prohibit departure and search records in accordance with Article 4 of the Immigration Control Act and Article 15 of the Personal Information Protection Act. In accordance with these legal grounds, tasks such as entering immigration regulations, inquiries and reports on immigration regulations and records to respond to inquiries to the National Assembly and media reports, etc. are carried out, which is a conventional business method. Article 15, Paragraph 1 of the Personal Information Protection Act — If there are special provisions in the law or it is unavoidable to comply with legal obligations, the personal information controller should collect personal information if it is inevitable for a public institution to perform the relevant duties prescribed by laws and regulations. And can be used within the scope of its collection purpose. ○ In the case of former Vice Minister Kim Hak-e regarding the process and frequency of inquiries, the contents and details of past immigration restrictions of former Vice Minister Kim Hak-e in the multiple parliamentary offices of 3. 20. and 3. 21. In the case of former Vice Minister Kim Hak-e Inquiries about the question came into the immigration authorities of the Ministry of Justice. In particular, there were reports of concern about the possibility of the former Vice Minister Kim Hak-e leaving the country, such as SBS News on March 21, 8 pm, and the passing of the immigration delegation at around 11 pm on March 22. After it was known, reports related to it were also poured out. Accordingly, in order to respond to the National Assembly and the press after March 20, and to perform duties, the contents and progress of the former Vice Minister Kim Hak-e’s past departure restrictions, and whether they actually left the country were inquired. In addition, the authenticity of media reports and immigration screening Inquiries were made to determine the status of the country and to handle departing from the country, and this was a dimension for urgent on-site response and post-processing.On the other hand, some media reported that the number of inquiries by immigration officers was several hundred times. It is recognized that it is much less than the log records. In general, the number of logs counted is one check (inquiry) in the business process that checks immigration-related information by going back and forth between the general screen of the immigration information system and the detailed information screens below it. In the case of Kim Hak’s former Vice Minister, in particular, the immigration control contents were very large and complex, so a number of log records were left for one check. In addition, since he was a person who was focused on the attention of the National Assembly and the media at the time, there were many cases of repeated inquiries for accuracy.
