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| Kim Jin-wook’s first high-ranking public officials criminal investigation agency head candidate attended a personnel hearing held at the Yeouido National Assembly Legislative Judicial Committee in Seoul on the morning of the 19th to answer questions from lawmakers. 2021.1.19/News1 © News1 Reporter Park Se-yeon |
A progress report on a personnel hearing on the candidate Kim Jin-wook’s first high-ranking officials criminal investigation agency (Airborne Division) was adopted, and the appointment of the first airlift chief was approaching.
When Candidate Kim is appointed in January, the airlift will be able to officially take the first step in about a year after the passage of the National Assembly plenary session of the Act on the Establishment and Operation of the High-ranking Public Officials Crime Investigation Center (Airlift Act) in December 2019.
On the 20th, the National Assembly Legislative Judicial Committee adopted a progress report on personnel hearings for candidate Kim. President Moon Jae-in, who received the progress report, is expected to appoint Kim as the first head of the airlift in the near future. Since the head of the Airborne is not subject to consent for the appointment of the National Assembly, the President may appoint the head of the National Assembly without proceedings.
According to the legal profession, the preparation group for establishment of the airlift office (preparatory group) is preparing the draft rules necessary for the operation of the airlift office and is in the process of preparing for the procedure for hiring prosecutors and investigators. It is a message that the recruitment process has been completed to some extent.
Earlier in July of last year, the preparatory team completed preparations by establishing a human and physical system such as designing the business processing system of the airlift, organizational structure, legal reform, and building a government building. The government office building was set up in 5th building of the Gwacheon government office. Laws related to airlift were also resolved through the enactment and amendment of 17 cases, including the whistleblower protection regulations and the public official appointment decree.
When Candidate Kim is appointed as the head of the airlift, the preparation team is expected to enter the process of hiring the airborne prosecutors and investigators first. Candidate Kim said at a personnel hearing the day before, “I will set up a fair and transparent recruitment process as soon as it was launched to select competent talents with various backgrounds and backgrounds.”
Candidate Kim mentioned that there was someone in mind about the deputy general manager, and expressed his intention to recommend or suggest multiple deputy candidates. He said, “I think both (prosecutors and non-prosecutors) are possible. There is a single point of work,” he said. “We have a wealth of legal experience and will consider whether we properly recognize the historical mission of the airlift and the factors of the investigation experience.”
Regarding the prosecutor at the investigation office, he said, “The current prosecution will not be dispatched,” but he said that he would prefer people with a lot of experience. Candidate Kim said, “There are problems with the quality and experience of investigating a large gate case with 7 years of legal experience,” said Jang Je-won, a member of the People’s Power, saying, “7 years is only the minimum standard. Those with a lot of experience will be given preferential treatment.” I think it seems.”
However, political obstacles still exist in the appointment of deputy general managers, prosecutors, and investigators. Opposition party lawmakers have questioned the political neutrality of the Minister of Public Defense’s right to recommend the deputy chief of staff, and have raised concerns about the possibility that the prosecutors of the Ministry of Public Affairs will be filled with former lawyers for a democratic society (Minbyun).
Airborne prosecutors are appointed by the President on the recommendation of the 7-member personnel committee. The personnel committee, which conducts the procedure for the appointment of the prosecutor of the Ministry of Airborne Affairs, is composed of a total of 7 persons including the Minister of Airborne and Deputy Directors, one commissioned by the Deputy Minister, two recommended by the ruling party, and two recommended by the opposition party. Five out of seven are recommended by the government and the ruling party.
Therefore, if the recommendation of members is delayed due to a problem raised by the opposition party in the process of selecting a prosecutor from the airlift, the possibility of conflict between the opposition parties cannot be excluded. Candidate Kim also urged, “Please do not become a’private airlifter’ who actively participates in the power of the people.”
Along with the line-up work, it is necessary to speed up the preparation of rules for the airlift, such as the case affairs rules of the airlift and the media publication rules. According to Article 45 of the Airlifting Service Act, matters necessary for the organization and operation of airlifting agencies, other than those prescribed by the law, must be determined internally by the airlifting agency.
Although the preparatory group drafted rules, directives, and regulations, etc., the process of approval by Candidate Kim remains. As Candidate Kim announced that he would not follow the prosecution’s investigative practices or public information rules, it could take a long time in that he had to present a new direction only for the airlift, not the existing case handling method.
Above all, the biggest challenge given to Candidate Kim is to improve the investigative ability to the extent that the airlift is trusted by the public. It is important to improve the ability to investigate crimes related to economy, such as property concealment and overseas refugee property, due to the nature of the airlift that conducts investigations against high-ranking public officials. This is why Candidate Kim emphasized organic cooperation with other organizations.
Candidate Kim also said, “I am most concerned about the problem of investigative ability,” and said, “We will supplement (manpower) in specialized fields such as financial information analysis by making good use of the provisions of the dispatched public officials in Article 44 of the Airlift Act.”
In addition, the last variable remains: the case of the Constitutional Court’s request for judgment on the Constitutional Petition related to the Airborne Law. The Constitutional Court is in full-fledged deliberation by referring the case of whether the Airborne Act is unconstitutional to the courts of all members. The ruling party was confident of the constitution, and candidate Kim, a former constitutional researcher, said, “If he was convinced that it was unconstitutional, he would have hesitated to nominate the candidate.” However, if unconstitutionality comes out, the grounds for the existence of the airlift may be shaken.