Input 2021.03.02 17:33
According to the court on the 2nd, the second division of the Supreme Court (Presiding Judge Park Sang-ok) canceled the court’s appeal against the Supreme Prosecutors’ Office for cancellation of the disposition of warnings against the Supreme Prosecutors Office.
Even if Prosecutor Jin’s investigation is not illegal, he believes that if the Prosecutor General determines that it is inappropriate, a warning can be issued.
In October 2017, the Supreme Prosecutor’s Office conducted an integrated audit of the Jeju District Prosecutor’s Office and issued a warning to Jin at the time, saying that 21 cases of investigation were inappropriately handled. However, Jin objected to the warning disposition and filed an objection to the Supreme Prosecutors’ Office in January 2018, but only two out of 21 cases were canceled by the Supreme Prosecutor’s Office.
Prosecutor Jin filed this lawsuit, claiming that the Supreme Prosecutor’s Office had unreasonably audited and issued a warning because he had requested inspection of a superior.
The first and second trials ruled to cancel the warning, saying that the matters pointed out by the Supreme Prosecutors’ Office were minor and could not be subject to warning. The warning disposition is permitted for misunderstandings and misunderstandings of the law that fall under the disciplinary grounds set by the Prosecutors and Discipline Act.
On the other hand, the Supreme Court saw that there was no problem with the disposition of the warning. The Supreme Court pointed out that the prosecutor general’s warning disposition was not a disciplinary disposition under the Prosecutor’s Discipline Act, but was included in the authority to supervise the prosecutor’s office.
The Supreme Court said, “Even if it is not the grounds for disciplinary action specified by the Prosecutors’ Disciplinary Act, the disposition of warning can be sufficient at the discretion of the Prosecutor General.”
He pointed out that it is desirable to respect this, saying, “The judgment of’inappropriate’ in the investigation is the prosecutor general’s valuation of the gap between the most appropriate action and the actual action.”
On the other hand, on the 1st, Jin posted a post on his Facebook page entitled’Why are the descendants of independence activists so difficult to live?’ Also did. Prosecutor Jin has a history of being disciplined for doing four weeks to a suspect who was being investigated in the past.