Enter 2021.03.09 11:38 | Revision 2021.03.09 11:41
Some are also concerned about “the possibility of not being transferred to the airlift even if the charges of a high-ranking public official are caught.”
The National Police Agency’s National Investigation Headquarters (Guksubon), which was launched by the control of the prosecutor’s office, took the first trial as it oversees the investigation of alleged speculation by employees of the Korea Land and Housing Corporation (LH). There are many skeptical views as to whether a police insider will take over as the head of the headquarters, and whether the noodle copy, which raises doubts about the independence of the investigative power, can properly dig into the suspicion of high-ranking officials.
However, several legal officials are still doubting whether the police can properly investigate high-ranking officials or government officials who may have been involved in the alleged real estate speculation. Because the noodles belong to the police, it is difficult to conduct free investigations against senior officials of the current government.
In addition, Nam Goo-jun, the first head of the Noodles Headquarters, has been dispatched to the Moon Jae-in government’s Blue House State Planning Situation Room for one year since August 2018.
A lawyer who used to be a prosecutor said, “Even if we catch suspicions against high-ranking officials of the current government such as the Blue House or the minister during the investigation of the LH case, if the case is omitted from inside the police, there will be no way to check it from outside.” In a situation where the head of the Noodles Headquarters has no choice but to be promoted to the Seoul Police Agency or the National Police Agency chief, it is questionable whether it can guarantee independence so that it is not affected by external pressure.”
Even if the National Police Agency’s noodle copy detects allegations of the current government or high-ranking government while investigating the LH case,
Some point out that there is a high possibility that it will not be properly informed to the high-ranking public officials criminal investigation agency (airborne agency).
According to the Act on the Establishment and Operation of High-Level Public Officials Crime Investigation Offices (Airborne Service Act), if another investigation agency detects a crime of a high-level public official during an investigation, it is required to immediately notify the airlift. The Ministry of Airborne has the right to request a transfer of the case.
However, if the investigative agency does not report the crime of a high-ranking public official or omit it during the investigation, it is fundamentally impossible for the airlift to exercise the right to request for relocation of the case guaranteed by the law because there is no way for the airlift to recognize this situation.
For this reason, there have been constant claims from inside and outside the legal profession that the prosecution must proceed to properly proceed with LH’s investigation. The reason is that the prosecution will be able to precisely investigate this case, where most of the borrowings are dealt, by accumulating know-how through the investigation of land fraud over a long period of time.
Since this year, the prosecution’s direct investigation has been limited to six major crimes, including corruption, economy, elections for public officials, defense industry, and major catastrophes. However, some people in the legal profession say, “If you look at a broader scope of corruption or economic crimes, this case can be covered by the prosecution’s direct investigation.”
On the other hand, the police are showing strong confidence, saying, “There will be no case transfer to the prosecution.” On the 8th, Nam Goo-jun, head of the National Police Agency’s National Investigation Headquarters, drew a line saying, “It is difficult to agree that the (case) should be entrusted to the prosecution,” saying, “The police have been increasing their capabilities as they have been conducting special real estate crackdowns.”
An attorney who requested anonymity said, “Even if the noodles are investigated, the prosecution must go through the prosecution when applying for various warrants, which may reduce the speed of the investigation.” I think it’s not appropriate to take on this case,” he said. He added, “The police have no experience in conducting such an investigation alone, so it is unclear whether they will meet national expectations.”