Priority to the’prosecutor’s crime case’?… Supreme Court “A matter for the court to judge”

Input 2021.04.04 13:09 | Revision 2021.04.04 13:10



A view of the Supreme Court in Seocho-gu, Seoul. /Chosun DB

The Supreme Court replied, “A matter to be judged by the judiciary in charge of specific cases” as to whether the High-ranking Officials Crime Investigation Office (KAI) has priority over investigation and prosecution over the prosecution.

According to the legal community on the 4th, the Supreme Court Administration Office asked, “Does the public prosecutor have the right to investigate and file a prosecution over the prosecutor’s office?” It is a matter to apply and judge,” he replied.

Previously, the prosecution struck the prosecution on the past day by the prosecutor of the past photo investigation team at the time of the Supreme Prosecutor’s Office, Gyu-won Lee and the head of the Immigration and Foreign Policy Headquarters of the Ministry of Justice, the main suspects in the case of Kim Hak-eui’s former Vice Minister of Justice banning the departure of the country despite the request of the Ministry of Public Affairs. Prosecuted.

On this day, the Supreme Court’s opinion is noteworthy because it came from a situation where the conflict between the airlift and the prosecution became sharp.

In fact, the Suwon District Prosecutor’s Office transferred the prosecutor’s case to the Air Defense Department with the Seoul Central District Prosecutor’s Office Lee Seong-yoon, an incumbent prosecutor, according to the Airborne Ministry Act last month. Accordingly, the Ministry of Public Affairs and Public Affairs stated that the investigation conditions were insufficient, and re-transferred the case to the prosecution and sent an official letter stating’Send the case after the investigation’.

The Suwon District Prosecutors’ Office immediately rebelled, rejecting the request from the airlift, and handed over the prosecutor with the head of the headquarters on the first day to trial. Prosecutor Lee has been asked to attend several times, but is refusing to attend the prosecutor’s office, saying that incumbent prosecutors must take over the case of the incumbent prosecutor under the Airborne Ministry Act.

Prosecutors and others are likely to argue that the prosecution’s prosecution is illegal or unfair based on the Airlift Act at a trial to be held in the future. In the end, it seems that the issue will be decided in the hands of the court in charge, like the court administration’s answer.

On the other hand, Assemblyman Yoon said,’Is the case only includes the subject that the airlift can transfer to other investigative agencies, and whether the authority such as the right to investigate or file a prosecution is also subject to’ Questions such as whether it is possible to transfer to an investigative agency’discretionary intelligence’ and’whether there is any legal problem in delegating some powers of the prosecution’s investigation and prosecution rights’, the Supreme Court replied with the same purpose.

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