In addition, as the Democratic Party completely separates the investigation and prosecution, ▶ abolishing the prosecutor’s office ▶ Establishing a Severe Crime Investigation Office (heavy water office) As concerns inside and outside the legal community are growing, it is being pointed out that citing overseas cases is different .
Justice Minister Choo Mi-ae leaves the government building after the resignation ceremony held at the government’s Gwacheon government building on the afternoon of January 27, getting out of the vehicle near the main gate and crying as a greeting to supporters. yunhap news
A legal official who was well versed in the Japanese criminal justice system questioned the writing of former Justice Minister Choo Mi-ae in a phone call with the JoongAng Ilbo. Over two days on the 24th and 25th of last month, Minister Chu urged the Korean prosecutors to completely deprive the prosecutors of their right to investigate (complete inspection) and establish a serious crime investigation office over two days, citing Japanese cases. The official refuted the content of the article, saying, “There may be misunderstandings different from the current situation in Japan.”
Minister Chu cited the drama’Criminal and Prosecutor’ of Asahi TV, which aired last year, and argued that “Prosecutors generally have the authority to investigate by law, but in reality they do not conduct investigations directly, but through the police.” did. Regarding this, this official “Drama is fiction. There are many things that are not true.”And pinched. “It is true that’criminals are investigators, prosecutors are legal experts, and each person realizes their own justice’. But doesn’t that mean, “Detectives investigate, prosecutors don’t investigate.””
Minister Chu also compared the number of direct investigations by the prosecutors of Korea and Japan. Considering that Japan’s population is about 120 million and Korea’s population is about 50 million, the direct investigation by the Korean prosecution is too much,” he wrote. However, it is difficult to compare only simple numbers. To get an accurate picture, you have to look at the number of complaints and accusations in both countries, not the number of population..
Prosecutor General Yoon Seok-yeol is on the morning of the 2nd to work at the Supreme Prosecutors’ Office in Seocho-gu, Seoul. Through a media interview the previous day, President Yoon said, “The legislation being promoted now is to dismantle the prosecution,” saying, “The current legislation is to abolish the rule of law and destroy the spirit of the constitution.” “It is to do,” he criticized. News 1
According to statistics from the Ministry of Justice of Japan, in 2019 alone, there were 10,426 complaints and accusations received by the Japanese prosecution. During the same period, the number of complaints and accusations received by the Korean prosecutors was 51,3533, 49.3 times that of Japan (Criminal Case Trends at the Supreme Prosecutors’ Office). The number of direct investigations between Korea and Japan was set at 50,000 and 5,000, respectively. When looking at the ratio of direct investigations to the number of complaints and accusations in 2019, about 9.7% in Korea and 48.0% in Japan.All. Based on this number, it is possible to interpret the direct investigation by the Japanese prosecution more extensively than in Korea.
It is also different from the fact that the special department of the Japanese prosecutor’s office fell due to a misconduct during the investigation process. In 2010, the Japanese prosecutors also faced public criticism in cases such as the case of fabricating evidence by the prosecutor of the Osaka District Prosecutor’s Office. At that time, Japan introduced a plea bargain system and a video recording system through the revision of the Criminal Procedure Act. The approach was not to abolish the prosecution’s right to investigate, but to block the possibility of misconduct through system improvement. Subsequently, the Tokyo District Prosecutors’ Office and others prosecuted former Justice Kawai Katsuyuki, who was counted as an aide to the incumbent Prime Minister, on charges of violating the 2019-2020 election law, and convicted former Nissan Motor Company chairman Carlos Gon on charges of special assignment. He led investigations aimed at living power, including arrests.
In spite of the fact that Minister Choo argued for the complete deprivation of the prosecution’s right to investigate the prosecution, saying, “Without decentralization and checks, human rights violations will not be fixed.” There is a criticism saying “Is there any guarantee that it will not occur? The reason for a large number of direct investigations is that although it may be the logic of reducing the scope of the investigation, it cannot be the basis for a complete abolition. A lawyer with experience in investigating corruption said, “It is a global trend to systematically guarantee the participation of prosecutors with trial experience in order to effectively respond to serious crimes with complex issues.”
The Hong Kong South China Morning Post (SCMP) said that China’s new high school history textbook added critical content that the Cultural Revolution, an extreme left movement initiated by former President Mao Zedong (1893-1976), was a’mistake’ and caused a’serious disaster’. ) Reported on September 6 last year. The picture is a Chinese’revolutionary painting’ painted by a red guard who is happy to receive a call from Mao Zedong. Shanghai = Yonhap News
On the other hand, some point out that the recent movement to reorganize the investigative rights was compared to the period of the Cultural Revolution in China (1966~1976). One of the keys to the reform of the passport’s investigation right is to abolish the prosecutors’ office and create a public prosecutor’s office so that the prosecutors only take charge of prosecution and prosecution. “As the prosecutor’s investigative manpower moves to the Heavy Water Office, each area that will be vacated will be utilized as the Heavy Water Office.”This is the reason why the assertion of (democratic party prosecutors’ special commissioner) comes out publicly.
Regarding this, a person in the legal profession “Even though some countries do not have a prosecution system, only China during the Cultural Revolution has abolished the original prosecution system.”Said. Real china The People’s Prosecutors’ Office was abolished through constitutional amendment in 1975. At the same time, he said,’The ex officio of the prosecution agency is exercised by public security agencies at all levels’.
The Ministry of Justice published a 2012 study on the change of law in the field of public law in China. “By not responding according to legitimate laws and systems, but using the mass struggle through the crowd, it is subject to extreme crowd sentiment without principles and standards. Caused” “The independence of judiciary has become virtually meaningless”He explained this period. China’s prosecution system was revived in three years after a revised constitution in 1978.
Reporter Ha Jun-ho [email protected]
