On the evening of the evening of the 4th, when President Moon Jae-in accepted Prosecutor General Yoon Seok-yeol’s appreciation, Yoon was getting into the car after his retirement ceremony at the head of the Supreme Prosecutors’ Office in Seocho-gu, Seoul. By Kim Hye-yoon, staff reporter
▶ As former Prosecutor General Yoon Seok-yeol rises to the top of the presidential candidate’s suitability right after his retirement, the presidential election is fluctuating. According to the Prosecutor’s Office Act revised in 1996, it is fundamentally impossible for Yun to run for president. However, the law became ineffective after six months of enforcement, and only ethical and moral criticism is possible for the prosecutor general’s run for president. Why did the National Assembly ban the prosecutor general from entering politics 25 years ago? Is the legislative spirit of that time still in effect?
On the 4th, Prosecutor General Yoon Seok-yeol resigned. The remaining term of office was four months and a year or so before the presidential election. The opposition supporters, who were waiting for a strong match against the Moon Jae-in administration, cheered him, saying, “I will do my best to protect the people and protect liberal democracy no matter where I am.” The next day after resignation (TBS) commissioned by the Korea Institute of Social Opinion (KSOI) to target 1023 candidates aged 18 years or older across the country, former President Yoon jumped to No. 1 (32.4%). Refer to the website of the Public Opinion Review Committee.) If you combine your will and public response, it is reasonable to think that Yun’s initiation to politics has entered the countdown. In the 2000s, the natural proposition that’the prosecutor general must be the last public office’ is shaken.
Prosecutor General, ruling party politician after 4 days of retirement
“Many prosecutors have agreed that in order for the prosecution to truly maintain political neutrality, after the prosecutor general resigns, a climate in which he does not hold any public office as well as politics must be established.” I am not criticizing former President Yun. On September 20, 1995, 26 years ago, it was reported that’an official of the great swordsman’ said to the ruling party of Prosecutor General Kim Do-eon. On September 15 of that year, former President Kim filled his term of office for two years and retired, and four days later, the ruling Democratic Liberal Party’s Busan Geumjeong was selected as the organizational plan (district party chairman). It was a’gold badge gift’ that was given ahead of the general election in April of the following year because he received the district district of Busan, the son of President Kim Young-sam. At the time, with regard to the selection of the organizational policy of the Democratic Party, which had the nature of external blood transfusion, “President Kim Do-eon, former Prosecutor General Kim Do-eon (Pusan Geumjeong-eul), former Deputy Chief of the National Safety Planning Department (Busan Buk-Kang Seo-gap), etc. Personnel from the’direct division’ who directly supported the company were also selected. (…) Former Prosecutor General Kim from Dongnae High School in Busan interpreted that as the first prosecutor general in terms of terms after the inauguration of the Kim administration, there was “consideration” of President Kim who did not want to leave a gap by entrusting the districts with the expiration of his term. In the days of authoritarian regimes where the concept of fairness and neutrality of the prosecution did not exist, there were many cases where the prosecutor general’s justice minister Youngjeon was numerous, but it was rare to go directly to the politics. In addition, it was a time when circumstances struck the opposition party during the civil government. After the June 27 national elections, which ended with the victory of the opposition party in 1995, the prosecution enthusiastically investigated the head of a civil-elected self-governing organization and initiated an investigation into the support of the Asia-Pacific Peace Foundation, a think tank of President Kim Dae-jung of the New Political National Assembly, but former President Roh Tae-woo’s 500 billion won. The internal affairs of the slush funds were silently covered. And at the peak was’Prosecutor General Kim Do-eon’. Since the prosecutor general transformed into a ruling party politician after 4 days of retirement, it was enough to question the cost between’investigation of partiality while in office’ and’guaranteeing a seat after retirement’. The opposition National Assembly criticized “The fact that former President Kim, who was wielding a sword of targeting against the opposition party, received the organizational policy as soon as he ended his term of office, was a commendation for his contribution to the opposition party’s repression,” and a legislative law restricting the inauguration of the prosecutor general’s office in office. Announced that it will promote.
Prosecutor General Kim Do-eon presided over the National Public Security Ministers’ Meeting on May 22, 1995. It was a meeting convened before the national elections in June of that year. Hankyoreh material photo
‘Restrictions on Public Office and Politics’ through Prosecutors’ Backlash
The following year, on April 11, 1996, the 15th general election was held, and former President Kim Do-eon was elected in Geumjeong-eul, Busan. It was one of the 139 elected members of the New Korea Party, whose name was changed by the Democratic Party. Shortly after the general election, the opposition party rebelled fiercely as the New Korea Party began to artificially remove the elected opposition party to fill a single majority. The National Assembly and the Free Democratic Association demanded amendments to the relevant laws, saying,’The 15th general election was an unfair election due to partiality investigation and partiality broadcasting.’ As the opposition party linked this issue with the 15th National Assembly negotiations, the political circles agreed to discuss this by forming a special committee for institutional improvement with an equal number of the opposition parties. In August 1996, a so-called Political Relations Act and Broadcasting Relations Act was established, and the core agenda of the ‘Relevant Legal Review Subcommittee to Enhance the Neutrality of Election-related Public Officials’ was a plan for neutralizing the prosecutors and the police. At the special committee, the opposition party insisted on a personnel hearing and consent to the National Assembly when appointing the prosecutor general and the police chief, and insisting that the inauguration of public office be restricted for four years after retirement. However, neutralizing the speculum was an unpleasant task for the ruling party, which lost its regional base due to a devastating defeat in the local election and had to prepare for the presidential election. The opposition party raised the level of offensive by criticizing the ruling party’s sabotage, and insisted that the prosecution’s investigation of violations of the election law was unfair. According to the minutes of the special committee meeting held on November 19, 1996, as of September 9 of that year, the New Korea Party had a far greater number of candidates for election law, with 76, followed by 21 members of the National Assembly and 18 members of the Self-Ministry. However, the actual prosecutions were 2 New Korea Party and 2 National Assembly members, 3 self-researchers, and 1 independent member. In terms of the prosecution rate compared to the case, the Self-Ministry of Korea was 17% and the National Assembly was 9.5%, but the New Korea Party was only 2.6%. The heads of local governments who were on the job-related investigation line also included 40 out of 49 opposition parties, and 5 out of 6 prosecuted opposition parties. Rep. Kim Jin-bae (National Assembly) criticized the prosecution’s target investigation, saying, “Only the heads of local governments of the opposition party choose bad things, and the heads of local governments in the ruling party live only on dew.” The plan to neutralize the prosecution was concluded by an agreement between the ruling and opposition parties and the internal secretaries of the three parties on December 9 of that year along with the amendments to the Election Act, the Political Fund Act, and the Broadcasting Act. The Prosecutor General and the Prosecutors’ Commissioner banned all public offices for two years from the date of retirement, and the Prosecutor General also restricted participation in political parties and promoters during the same period. A compromise between the ruling and the opposition was achieved by reducing the restriction period from four to two years and removing the provisions for the prosecutor general’s personnel hearing. The ruling and opposition leaders agreed to the legislation, but ruling party lawmakers, former prosecutors, protested that the law violated the constitution. At the Special Committee on System Improvement held on December 13, 1996, New Korea Party Rep. Hong Joon-pyo said, “It is an unconstitutional law that equates the prosecutor general with ex-convicts, which completely excludes the right to serve in public affairs.” There is” insisted. As the bill passed to the Legal Judicial Council, Congressman Ahn Sang-soo said, “Where is this law in the world?” It’s not like the law,” he raised his voice with excitement. Judge Chairman Kang Jae-seop had to calm down, saying, “It looks like you’re accusing your fellow lawmakers. Rep. Ahn, who continued to say “I will soften it,” had a sermon with Lee Kun-gae, a self-help secretary, who drafted amendments to the Prosecutors’ Office. Congressman Lee was also a former prosecutor. The condensed condensed reason for this law and the logic of opposition to this law prevented the retired prosecutor general from taking office in all offices for two years.
Sangsoo Ahn Restricting basic rights under the constitution should be kept to a minimum, as long as it does not undermine essential rights.
This dog A two-year limit is a minimal limit.
Sangsoo Ahn Isn’t it a violation of the intrinsic right to serve in public service to be’cannot take office in all public offices’? If it should be kept to a minimum, “You cannot be inaugurated for two years by limiting yourself to the attorney general or a member of the National Assembly that may harm the fairness of the prosecutor general’s duties”.If this is enough, you can understand that the prosecution was limited to ensure the neutrality of the prosecutor general.
This dog With the governor of the ruling party serving as head of state, he can appoint and exert influence over all public offices because his powerful authority is concentrated. Since the authority is excessively concentrated on one (President), the (Prosecutor General) must limit all public offices for at least two years.
Sangsoo Ahn Have you seen such a legislative example in a foreign country prohibiting the inauguration of all public offices within two years of the prosecutor’s office?
This dog Foreign examples are not important. The reality of Korea is important. It was legislated in order to exercise powerful prosecution power and to clear the misconception that it exercised prosecution power for a specific party.
After this discussion, the amendment to the Prosecutor’s Office Act was passed by the judiciary committee and passed at the plenary session that day. In the future, the prosecutor general will not be able to rise to other public offices and political activities for two years after retirement.
Constitutional and prosecution decided unconstitutional according to the assertion
However, this law was immediately brought to the judgment table for unconstitutionality. Immediately after the enactment in January 1997, Prosecutor General Kim Ki-soo, the successor of Kim Do-eon, and seven high prosecutors made a constitutional complaint. There were criticisms that the prosecution’s head of the prosecutors disagrees with the law passed by the ruling party agreement and that it is inappropriate to take collective action, but an analysis that’this law presumed to be distrusted by the prosecution has touched the pride of the prosecution’s head.’ And six months later, in July 1997, the Constitutional Court decided it was unconstitutional with an 8-to-1 opinion of the judges. Heonjae said, “Within two years after the resignation of the prosecutor general, not only the positions of the Minister of Justice and the Minister of Home Affairs, but even the administration and academic research positions of schools such as president, dean, and professor of national and public universities will not be accepted. It was judged that it was a broad restriction of the right to serve in public affairs and, in light of the legislative purpose, the restriction was largely out of the range of the minimum required.” In addition, the ban on joining a political party was also said to be “a discrimination policy that lacks rationality that violates the freedom of political association and the right to vote (the right to vote and the right to be elected).” This was the result of most of the claims of the prosecution’s leadership. Only Judge Cho Seung-hyung said, “A better post-retirement office that the Prosecutor General may be tempted is the head of the central agency in charge of election-related information, investigation, and trial among the Prime Minister, the State Council, and other appointed offices. I don’t expect (the Prosecutor General) to stay abreast of the appointed public office,” he said. “It is reasonable to say that the two-year ban period limits the freedom of choice of profession and the right to serve in public office to a minimum in the light of legislative purposes and public sentiment.” It was a lonely minority opinion. The regulations restricting participation in public office and politics for two years after the resignation of the prosecutor general disappeared within six months. Of the 42 former prosecutor generals of the Republic of Korea excluding former President Yoon, 19 of them have experienced other public offices after retirement. 16 people have served as Ministers of Justice, and there are 3 experienced members of the National Assembly, 2 heads of information (Central Intelligence and Security), the Chief Justice of the Supreme Court, the Chief of Audit and Inspection, the Secretary General of the Audit and Inspection Service, the Minister of the Interior, and one head of the President’s Secretariat. Kim Tae-jung, who was transferred to the Minister of Justice in May 1999, is the last case where the Prosecutor General was a stepping stone for another public office. After that, all 14 people (Park Soon-yong~Moon Moo-il) who were appointed as the prosecutor general kept their distance from politics and public offices. In order for the prosecution to be trusted, a consensus was naturally formed that the prosecutor general, who is the commander of the investigation, should be the last public office. However, when former President Yun entered politics, this practice would be broken. Compared to the past behavior in which the prosecutor-generals were rewarded with better positions for the government, it can be said that the situation is different for Yun, who dissented with the Moon Jae-in administration and resigned. However, the reality of the prosecution’s political influence through investigation still remains. Even if the’standing position’ of former President Yoon is different, the moment he steps into the political world, the past investigation and command of’Prosecutor General Yoon Seok-yeol’ is bound to question the fairness. Yun may have found a’star moment’, but prosecutors who remain at the prosecution and have to investigate are likely to face the same suspicion and controversy. After the rumor of former President Yoon’s resignation came out, the prosecution demanded, “Why are you resigning now, since the sincerity of opposition to the Severe Crime Investigation Office will be damaged?” and “Please make a declaration that we will not be politicized so that the authenticity of the resignation is not distorted.” It is said that there was. However, former President Yun defeated all these and left. One middle-sized prosecutor said, “It seems that the intention of former President Yoon to become president from some point came about, but considering the prosecution organization and his juniors, he should not engage in politics.” “Former President Yoon is not a personal sacrifice and dedication style. “A person who is greedy.” By Kim Tae-gyu, staff reporter