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The court finally decided whether the high-ranking public officials criminal investigation office has priority over investigation and prosecution in the prosecutor’s criminal case. The Ministry of Public Affairs and the prosecution have clashed over the right of prosecution against prosecutor Lee Gyu-won with Cha Gyu-geun, head of the Immigration Policy Division of the Ministry of Justice, a major suspect in the case of the illegal departure of Kim Hak-eui. It was up to the courts to organize traffic.
According to the legal community on the 4th, the Supreme Court Administration Office asked, “Does the public prisoner have the right to investigate and prosecute the prosecutor’s criminal case prior to the prosecution and exercise the power of the people?” It is something to be judged.”
The Suwon District Prosecutor’s Office disregarded the request from the Airborne Ministry to send the case to him when the investigation was completed, and on the 1st day, the prosecutor and the head of the Cha headquarters indicted the prosecutor. The Seoul Central District Court decided to allocate the case indicted by the prosecution to the Settlement Tribunal sooner or later. Prior to the hearing of the case itself, the court, which will be allocated the case, has to judge the jurisdiction of the’conflict of priority’ between the prosecution and the airlift. The Settlement Tribunal requires three judges to hear the case by the court considering the importance of the case.
In the future, the judgment of the court is expected to have a considerable influence on the prosecution and the working-level consultative body of the airlift. The council discusses the transfer of the case between the airlift and the prosecution, and the priority of investigation and prosecution. If the court interprets the statute that’priority of prosecution by the airlift is guaranteed’, the council empowers the airlift and the prosecution is advantageous. The airborne ministry believes that the prosecution has the right to take over the case again even though it has decided to retire the case, and the prosecution believes that the prosecution has the power to deal with the case (investigation and prosecution) if the case has been transferred.
/ Reporter Son Gu-min [email protected]
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