Kim Hak-eui, former Vice Minister of Justice, was stopped while attempting to leave the country on March 23, 2019, and exited the departure hall. JTBC capture
Controversy is spreading over whether or not a high-ranking public officials corruption investigation department (aircraft department) resigned in the case of’Kim Hak’s alleged illegal departure (withdrawal) from the former Vice Minister of Justice’. Apparently, it seems appropriate to be in charge of the airlift in the aspect of the investigation target as well as the application charges, but the problem is not so simple. This is because the political character has grown too deep from the stage of raising suspicion to the process of the development of this excommunication. In the legal community, it is consensual that it is necessary to decide whether to relocate to the airlift based on the case of the investigation by the airlift under the current law, the degree of the prosecution’s investigation, and the fairness of the investigation.
Kwon Ik-wi, who said, “It is difficult to relocate to the airlift”, suddenly changed its position
The new Justice Minister Park Beom-gye, officially appointed on the 27th, sparked the controversy. Earlier, Minister Park said at a personnel hearing on the 25th, “It is right that the airborne ministry is in charge.” It was a remark that came out of a car throwing checks against the prosecution, calling for an investigation on the alleged leak of investigation secrets from the public interest reporter A in this case from the passport.
In addition, the National Human Rights and Interest Committee also came out to help the day before, saying, “I will review the request for investigation by the airlift.” However, Kwon Ik-wi said that when Mr. A reported the case on the 4th and asked for a’transfer to the airlift’ on the 4th, it was said that it was difficult because it would take several months to launch. Mr. A issued a statement on the 26th and said, “I am concerned about a major obstacle to the investigation, such as attempting to destroy evidence when relocating to the air defense agency,” and is taking a problem with the sudden change of attitude of the KFTC.
① Investigation target/applicable suspicion “Airborne case”
The top priority factor in deciding whether to relocate to the airlift is, of course, the current airlift law. △Prosecutor Lee Gyu-won (author of illegal emergency withdrawal request) △Prosecutor Lee Seong-yoon (suspected of illegal withdrawal investigation Muma) △ Former Justice Minister Park Sang-hee (final chief of the withdrawal process) etc. It corresponds to the target. The crime of abuse of authority, which is cited as the core charge in this case, is also a representative type of crimes of high-ranking officials. It fits perfectly with the conditions of the airlift case.
Kim Jin-wook (right), the first high-ranking officials criminal investigation chief, visits the Korean Bar Association (Korea Bar Association) in Gangnam-gu, Seoul on the afternoon of the 27th to prevent Lee Chan-hee (left), chairman of the Korean Bar Association, and give a greeting. Joint coverage photo, Newsis
② Investigation progress ③ Investigation fairness, etc. are’not satisfied’
However, this alone does not mean that the air defense agency will unconditionally investigate. When the prosecution is undertaking an investigation, in accordance with Article 24, Paragraph 1 of the Airlift Act, △the degree of investigation by other investigative agencies, △investigation fairness, etc. Because it is asking for.
Inside and outside the prosecution, there are many interpretations that these conditions cannot be met. A deputy prosecutor of the Financial District Prosecutor’s Office said, “The meaning of the’investigation progression degree’ in the relevant provisions is interpreted as’going over as soon as it is in the early stages of the investigation’.” He pointed out that the effectiveness of the investigation will decrease if it is passed over to. In fact, the Suwon District Prosecutor’s Office summoned officials from the Ministry of Justice who were involved in the emergency withdrawal process of former Vice Minister Kim in March 2019, including investigating Director A of the Incheon Airport Immigration and Foreigners Administration (Incheon Airport Administration) under the Ministry of Justice the day before.
Investigation fairness is also likely to be on the cutting board. An attorney from one prosecution said, “Fairness is the intention of’seeing’. Given the speed and intensity of the current prosecution’s investigation, there is not much room for an investigation to see someone.”
Now, when I’m a wife… I might get caught up in a controversy
It is pointed out that in this situation, if the air defense agency requests a resignation, it is likely to be caught up in the controversy over the’reduction investigation’. If the prosecutor’s office is stopped by an imprisonment requesting a resignation, the investigation itself is highly likely to drift. One prosecution officer pointed out, “It takes at least two months to fill in the investigative manpower, but the cessation of the investigation itself will lead to criticism that it is a’part of watching.
It seems that the airborne ministry will not immediately decide whether to retire. In the morning of the morning, Kim Jin-wook said, “If the Constitutional Court judges that the law is unconstitutional, we will reveal the position related to the transfer in a few hours. Director Kim added, “We need to review the interpretation of the constitution for the provisions of (e.g., transfer).”
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