General Society: Society: News: Hankyoreh

The launch of a special prosecution is becoming visible as the opposition party accepts the introduction of a special inspection system (special prosecutor) proposed by the ruling party to clarify the suspicion of real estate speculation in the third new city by the employees of Korea Land and Housing Corporation (LH). It is analyzed that there will be many variables in the legal profession, such as the problem of the special prosecutors’ avoidance of special prosecutors due to the prolongation of special prosecutors’ prosecutors and the issue of the investigative right of dispatch prosecutors. The primary expected problem is the’recruitment crisis’. It is highly likely that competent lawyers will avoid joining the special prosecutor. An attorney with special prosecution experience said, “It is not very likely that skilled attorneys will endure long-term waiver and career breaks.” In the case of the Gukjeong Nongdan and Drucking Special Prosecutors’ Act, the special prosecutor’s for-profit and concurrent employment were prevented until the final appeal of the relevant case. In particular, the special prosecutor of Gukjeong Nongdan has been maintained for more than four years since its inception in 2016, as the Supreme Court delayed the sentence of the National Pension Plan’s alleged involvement in the Samsung merger. Paik Hye-ryeon, a member of the Democratic Party’s party, proposed an amendment to the special prosecution law in November last year, stating that if the sentence is not sentenced after two years after the filing of the appeal, the special prosecution will take over the case to the prosecution and retire. The outlook that’it is not easy to achieve results even if a special prosecutor’s office is performed’ is also the reason for the expected hiring difficulties. An attorney from the prosecution who had a lot of experience in special investigations said, “The atmosphere of public office has changed a lot, so public officials do not openly cheat like in the 1st and 2nd new cities. Even if there is, it will not be easy to find someone who will be ready because it is not easy to prove the use of inside information, or it is all under the name of a loan.” Opinions are also divided over how far the right to investigate the incumbent prosecutors who will be dispatched to the special prosecutors will be allowed. This is because the scope of direct investigation by the prosecutors was limited to six major crimes (corruption, economy, public officials, election, defense project, and major disaster) due to the adjustment of the prosecutor’s right to investigate the prosecutor’s office from this year. One attorney who served as the prosecutor said, “There may be controversy over the investigative power of the dispatch prosecutor. It is highly likely that the suspect or the defendant will issue a direct investigation of the dispatch prosecutor.” On the other hand, one prosecutor of the local prosecutors’ office argued, “Because the investigation and prosecution is maintained under the name of the special prosecutor, it has nothing to do with the reduction of the direct investigation by the prosecutors due to the adjustment of the prosecutor’s right to investigate.” As opinions diverge, there are voices asking the special prosecution law to reflect the adjustment of the investigative powers of the prosecutors’ office. An attorney who used to be a judge said, “Under current regulations, there is room for direct investigation of the dispatched prosecutors. I can,” he said. The police, who are currently investigating, have not responded officially, but internally, an air current that is embarrassing or rebelling is also detected. An official from the police said, “As it is an important case, the police are investigating with great care, and the story of a special prosecutor is embarrassing. Doesn’t the special prosecution take a long time?” The police believe that it will take a considerable amount of time before the special prosecution is officially launched, and even before that, it is a policy that all efforts will be made to achieve tangible results. By Bae Bae-hyun, staff reporter