Legal battles over the right to prosecute between the prosecution and the high-ranking public officials criminal investigation office (airport office) continue. On the 12th, when the head of the two agencies relocated the suspected illegal departure (withdrawal) of Kim Hak-eui to the Suwon District Prosecutors’ Office on the 12th, “Please send it to the airlift after completion of the investigation. It started when I asked for it. Chief Kim “This case is a case subject to prosecution (prosecution) by the airborne ministry”I gave the reason.
Director Kim’s argument is based on the Airborne Law The key point is that the right to prosecute the offenses of high-ranking public officials by judges, prosecutors, and police officers or higher is the inherent authority of the airlift under the Airborne Ministry Act.to be. Currently, in the case of the suspected illegal withdrawal of former Vice Minister Kim, incumbent prosecutors such as Seoul Central District Prosecutors’ Office Lee Seong-yoon (suspected by external pressure) and prosecutor Lee Gyu-won (suspected of illegal withdrawal request) are involved. to be.
Justice Minister Park Beom-gye (left) and Chief Public Officials Criminal Investigation Office (KAI), Kim Jin-wook, meet and talk at the general meeting of the National Assembly Legislative Judicial Committee on the 16th. yunhap news
real Airlift Act Article 3, Clause 1, 2Stipulates the prosecution and maintenance of prosecution of crimes of high-ranking public officials and related crimes by judges, prosecutors, and police officials above and above by the authority of the airlift.
However, it is argued that in the legal community, it is impossible to recognize the exclusive right of prosecution by the airborne agency with this provision alone. Article 27 of the Airlift ActThis is because, if the Ministry of Public Affairs decides to unprodict a crime of a high-ranking public official, the related crime case learned during the investigation of the crime must be transferred to the Supreme Prosecutors’ Office.
This provision was prepared to resolve concerns about the political independence of the airlifters from the opposition parties at the time of the National Assembly’s discussions on the enactment of the airlift law. Having a check mechanism so that the prosecution can overturn the prosecution’s decision to prosecute the airlift.to be. It is possible to interpret that there is no exclusive right to prosecute the airlift, as it was for the great sword to take a look at the decision of the airlifter’s non-prosecution.
Employees are moving from the Supreme Prosecutors’ Office in Seocho-dong, Seoul, on the 15th, when the nomination procedure to select the successor of former Prosecutor General Yoon Seok-yeol began. News 1
The same argument came from the ruling Democratic Party, the ruling party that led the enactment of the National Assembly Airborne Act (December 30, 2019).
Democratic Party lawmaker Lee Sang-min, who served as the Chairman of the Legislative Justice Committee of the National Assembly and the Special Committee on Judicial Reform of the National Assembly, in a radio interview on December 26 of the same year. “On the premise that the investigation and prosecution are separated in principle, the investigation is carried out by the airborne department, and the prosecution is in charge of prosecution. There is a device in place to check it.”He explained.
Attorney Geun-taek Hyun, who served as vice chairman of the Democratic Party’s legal committee, also appeared on a broadcast on December 29 of the same year. “If (the prosecution has transferred the case to the airlift), and the airlifter says that it has not prosecuted, the record is to be handed over to the prosecution. Then the prosecution can say,’We are prosecuting’.”Said. The current lawyer continued, “But there is no opposite case. When the prosecution is investigating a high-ranking public official and unindicted, the airlift has no function to check it.”
On December 30, 2019, at the 1st plenary session of the 374th National Assembly (temporary assembly) held at the main assembly hall of the National Assembly in Yeouido, Seoul, a bill on the establishment and operation of a criminal investigation center for high-ranking public officials (enactment of the Airborne Law) is being resolved. News 1
There is also a counterargument that Article 27 of the Airlifting Act stipulates’removal of the great sword in case of nonprosecution’ is limited to’related offenses’, not’offenses of high-ranking officials’. However, the provisions of the law contain the content that’a crime committed by a high-ranking public official as a crime directly related to the crime of that public official recognized in the course of an investigation of a crime of a high-ranking public official’. It stated that it is a self-regulation of’crimes of high-ranking public officials’.
In addition ‘Related crime’ is also a case subject to prosecution by the air defense agencyHowever, it is argued that coexisting with the duty of surrendering the great sword (Article 27) is far from monopoly in prosecution. One legal person who requested anonymity “If you look at Article 3 and Article 27 together, the prosecution monopoly is already broken.”Said.
It is also pointed out that the investigation and prosecution authority is separated when relocating the case, so that only the investigation part cannot be relocated, such as’the prosecution for investigation and the airlift for prosecution’.
Following the public rebellion the previous day, Prosecutor Lee Jeong-seop, head of the investigation team for the withdrawal case of Suwon District Prosecutors’ Kim Hak, “When the prosecution transfers the crime of a high-ranking public official other than the prosecutor to the airlift at the request of the head of the airlift, can only the investigative authority be transferred?”(Incumbent Prosecutor) was refuted.
One of the legal professions “The airlift is to deal with the case by exercising the authority granted by the Airlifting Service Act, and the Prosecutors’ Office Act.”He said, “It is not a matter of giving the public prosecution any authority or not.”
Reporter Ha Jun-ho [email protected]
