“To control the prosecution, we need an airlift to investigate corruption at the prosecution” (Jaimyeong Lee, Governor of Gyeonggi Province)
“If the prosecution is in absolute power, the airlifter that can investigate the prosecution is super absolute power” (Governor Hee-ryong Won, Jeju Island)
On the afternoon of January 21, the first Deputy Chief of Justice Jin-wook Kim, Minister of Justice Choo Mi-ae, and Judiciary Commissioner Yoon Ho-jung of the National Assembly applaud after being unveiled at a signing ceremony at the Gwacheon Government Complex in Gwacheon City, Gyeonggi Province. News 1
Proof of existence value through’No. 1 investigation without sanctuary’
This is the content of the sermon that Governor Lee and Governor Won fought over the launch of the High-ranking Officials Crime Investigation Office (Airborne Division) in Social Network Service (SNS) last December. This is because the Airborne Ministry has the right to request relocation and independent prosecution against the prosecution, the only criminal prosecution agency since the establishment of the government on August 15, 1948. The Ministry of Public Transport was officially launched on the 21st of last month at the government office in Gwacheon.
Afterwards, 23 prosecutors from the air defense department were selected, with 233 applying each, and 293 to 30 investigators, respectively, showing a 10-to-1 competitive rate. As a result of receiving the Airlift 1 case by the 5th, 100 cases were crowded. That means that national expectations are high.
The launch of the airlift has been 25 years after the legislative petition of the Participatory Solidarity in 1996, followed by the new Political People’s Assembly, an opposition party, introduced the anti-corruption law containing the establishment of the airlift. Afterwards, the Kim Dae-jung, Roh Moo-hyun, Lee Myung-bak, and Park Geun-hye governments also pushed for legislation, but the turn was broken, and the airlift law was passed on December 30, 2019 at the end of the 20th National Assembly.
The targets for investigation by the Airborne Department are senior public officials of level 3 or higher and their families. It includes former and current presidents, members of the National Assembly, Supreme Court Justices, Constitutional Judges, Ministers and Vice Ministers, the Prosecutor General, judges and prosecutors, police officers with more than a police officer, and general officers. Among the crimes of the Supreme Court, the Supreme Court Justice, the Prosecutor General, the judges, prosecutors, and police officers, they have the right to prosecute and maintain prosecution.
In short, this is the reason why the prosecution’s check, led by President Yoon Seok-yeol, is criticized as’the prosecution above the prosecution’.
Airlift launch log. Graphic = Kim Hyun-seo [email protected]
Dispersion of power by prosecutors vs.’rooftop’
First of all, the Airborne Justice Act defined the duty of the airlift as’investigation of crimes of high-ranking public officials, prosecution and maintenance thereof’, and granted both the right to investigate and to prosecute. Prosecutors said they would disperse the power of the prosecution and pushed for the separation of the power of investigation and prosecution, pushing them to the airlift.
There is also a clause saying,’If the Minister of Public Service determines that it is appropriate to conduct an investigation at the Ministry of Public Service and requests a transfer, other investigation agencies (prosecutors and police officers) must respond.’ For example, when the prosecution is requested to be transferred to the case of a high-ranking public official under investigation, it must immediately hand over all the investigation data to the air defense department and dismiss it. It is a point of concern that it can reign over the prosecution.
Like the prosecution, concerns about political neutrality are raised as they are vulnerable to the powers of the president and the ruling party, who are the appointees. At the National Assembly’s personnel hearing, Kim Jin-wook emphasized that “a shield against political external pressure is the first task of the Airborne Minister”, but the ruling party thinks differently.
In addition, the Democratic Party’s representative Lee Nak-yeon said, “The Ministry of Public Affairs and the Democratic Party have a collaborative relationship.” On January 26, five days after the inauguration of the Ministry of Public Affairs, Kim Jong-min, a former prosecutor general, said, “Neutrality immediately after Kim’s inauguration He pointed out that he did unnecessary actions that could lead to damage and misunderstanding.”
On the 21st, the official launch date of the High-ranking Public Officials Crime Investigation Office (KAI), a signboard of the Kwacheon Government Office in Gwacheon City, Gyeonggi Province is hanging. 2021.1.21/News 1
Neutrality must be demonstrated from the selection of the No. 1 investigation case
In the end, it is the public opinion of the legal community that the airborne agency has no choice but to prove political neutrality through investigation. It is also the reason why Director Kim Jin-wook was so interested in what to choose as the first button,’Investigation of the Air Defense Force No. 1′.
The opposition is suspecting that it can be concluded in the form of’no problem’ after requesting and taking the transfer of investigations by the prosecution against the current regime, such as intervening in the Ulsan mayoral election or the suspicion of early closure of Wolsong Unit 1. The suspicion of illegal departure against former Vice Minister of Justice Kim Hak-e, and the assault of a taxi driver by Vice Minister of Justice Yong-gu Yong-gu are also candidates for investigation.
The passport also argues that the wife of Prosecutor General Yoon Seok-yeol should re-investigate related cases. It is based on the logic that the airborne department must break the prosecution’s’covering my family’.
An official at the prosecution said, “In order for the airlift to dispel concerns about political bias, it must objectively select the case 1,” and said, “In addition, trust will be gained by showing an investigation regardless of political logic.”
Kim Jin-wook (right), chief of the high-ranking public officials criminal investigation department and Deputy Chief Yeo Un-guk, are leaving the Gwacheon government office in Gwacheon on the 3rd. News 1
Why do you need airborne? “Investigation without sanctuary is key”
The first air defense agency’s investigation ability also climbed on the cutting board. This is because both the chief and deputy chiefs, who are the 1st and 2nd officers of the Ministry of Public Affairs, were judges and have little experience in investigating. Chief Kim Jin-wook was an investigator for two months in the special inspection team for inducing strikes of the Mint Corporation in 1999. Deputy Chief Yeo Un-guk has been a judge for 20 years and has no direct investigation experience.
Director Kim Jin-wook instead said, “I will select the maximum number of prosecutors (12 people) as prescribed by law.” Earlier, for the public prosecutor’s office, 40 people were selected for 4 supervisory prosecutors, and 193 for the remaining 19 prosecutors. Deputy Chief Kim explained that “about half of the applicants for the prosecution were from prosecutors.”
Prosecutors are finally appointed by the President after recommendation by the Personnel Committee. The personnel committee is composed of 7 members, including the chief and the deputy chief, one external expert commissioned by the head of the department, and two female and night recommendation committee members each.
The Ministry of Public Service requested the ruling and opposition parties to recommend personnel members by the 16th, but if the opposition party’s recommendation is delayed, the hiring of the prosecutor may be delayed from the original plan. In addition, on the 10th, the Democratic Party recommended Na Gi-ju, representative attorney at Law Firm Jiyu and Oh Young-jung, attorney at Segwang Law Firm, as personnel members.
Lee Chang-hyun, a professor at the Graduate School of Law at Hankuk University of Foreign Studies, said, “In the end, how to conduct an investigation is the key to the air defense department.”
Reporter Ha Nam-hyun [email protected]