On the morning of January 21, President Moon Jae-in is moving to the meeting place after awarding a letter of appointment to Kim Jin-wook, the first high-ranking officials criminal investigation chief at the Blue House. News 1
Kim Jin-wook, head of the High-ranking Public Officials Crime Investigation Department (KPA), relocated to the prosecutors’ office on the suspected illegal departure of former Vice Minister Kim Hak-eui and asked the prosecutors to “songchi after the investigation.” The Ministry of Public Affairs is in the position that it has passed the’case’, not the’case handling authority’, but can request remission. In the legal community, it is pointed out that “the airlift has abused its authority against the prosecution who has the power to prosecute.” The Constitutional Court decided that the establishment of the airlift in January was’constitutional’, but with a minority opinion, “If the head of the airlift is abusing the power of spying, it is the same effect that it was concerned that he could become a superior institution of prosecutors and policemen.”
Controversy over official letter of request for’Songchi’ from the airlift
“The Ministry of Public Affairs, it means becoming an upper-ranking institution.”
According to JoongAng Ilbo’s coverage on the 14th, the Ministry of Public Affairs relocated the former Vice Minister Kim’s case to Suwon District Prosecutors’ Office on the 12th. ‘Hara’ sent an official letter. The case is returned because the investigation conditions are not available, but the prosecution will be decided by the airlift.
Article 3, Paragraph 1, No. 2 of the Ministry of Airborne Act stipulates’prosecution against the Chief Justice of the Supreme Court, the Supreme Court Justice, the Prosecutor General, and the Prosecutor’ as the scope of the work of the airlift. The provision was interpreted as an exclusive right to prosecute the judges and prosecutors and demanded that they be sent to the Suwon District Prosecutors’ Office. In the legal community, “the provision of’the airlift also has the power to prosecute’ has been interpreted as a subordinate attack, saying that’only airlift has the power to prosecute’,” and “the airlift is mistaken as a higher authority of the prosecution.”
Constitutional Minority Opinion “There is no regulation on the authority to control the transfer of the head of the public prosecution”
Kim Jin-wook, head of the high-ranking public officials criminal investigation, is answering questions from reporters after completing the first meeting of the HR committee at the Gwacheon government office in Gyeonggi-do on the afternoon of the 12th. News 1
Earlier, on January 31, the Constitutional Court decided that the establishment of the airlift was’constitutional’, but three judges pointed out that, through a minority opinion, “there are future tasks such as checks and cooperation with other investigative agencies and securing neutrality.” Looking at the decision of the Constitution at the time, Judges Eunae Lee, Jongseok Lee, and Youngjin Lee pointed out that the airlift had an unconstitutional element in terms of separation of powers and the principle of due process. At the same time, he said that the authority of the Minister of Public Transport to request a relocation of the case was representative.
The three judges said, “Through the deputy’s unilateral power to request an espionage, it actually gains an upper hand among the investigative agencies within the administration (prosecutors, police, etc.), undermining the mutually cooperative check relationship.” Even if other investigative agencies determine that the transfer of the airlift is inappropriate, there is no separate consultation or coordination channel, so they are concerned that “there is no regulation to control the authority of the director to request arbitrary transfer.”
If you were concerned about dismissing the prosecution, you should have chosen to dispatch
The Ministry of Public Affairs said that if Suwon District Prosecutors filed a prosecution against Kim Hak’s suspected illegal withdrawal, Seoul Central District Prosecutor’s Office Lee Seong-yoon and Prosecutor Lee Gyu-won, the prosecution was likely to be dismissed at the trial and demanded Songchi. Article 25, Paragraph 2 of the Airlift Act stipulates that if other investigative agencies, such as the prosecution, find a crime suspected by an incumbent prosecutor, the case must be transferred to the airlift. It was with a controversial situation in mind. On his way to work on the 12th, Chief Kim Jin-wook said, “There is still no court judgment as to whether the agency that other agencies (other than the airlift) is unsuitable for filing a prosecution (for prosecutors’ investigation) is negotiating to have the airlifter take the prosecution.”
Regarding this, an attorney from a judge said, “If Director Kim was concerned about the possibility that the Suwon District Prosecutors’ Investigation Team’s prosecution could be dismissed in the future trial process, the Suwon District Prosecutor’s Office should have been dispatched to investigate directly.” He then pointed out, “As long as the prosecution has relocated the case without investigating it directly, the airborne agency has no authority over the case. The official letter itself may be subject to abuse of authority.”
The prosecution, who has been relocated to the case, has yet to come up with an official position. Inside the prosecution, there are concerns that if you follow the request of the airlift as it is, the prosecution will be acknowledging that it is a subordinate agency of the airlift. An official of the prosecution said, “As the case has been handed over to the prosecution, there is a high possibility that the prosecution will exercise the power of investigation and prosecution.”
Reporter Jeong Yujin [email protected]
