[Report File] Min Jeong-suk's motherland, between moderation and intervention⑥

Pojeong is a butcher who catches cows, but she used a double ax to separate the bone and flesh without dropping a drop of blood.

In contrast, a character named Lee Gyu, a black sensation in Suho-ji, also uses a double ax, but he said that his whole body was painted with blood, and those watching from the side seemed to see a demon and a yacha.

(...) Even if the prosecution uses a double ax, I am telling you to use it like the eldest son.

-October 22, 2020, Supreme Prosecutor's Office's remarks by Ho-jung Yoon, Chairman of the Judiciary Committee

The day before the 7th trial on charges of abuse of ex officio by former Minister Cho Kook, the whole country was buzzing with the audit of the Supreme Prosecutor's Office, where Prosecutor General Yoon Seok-yeol was present.

The ruling party lawmakers who intensively attacked Yun, brought out the testimony of the first son's ‘Pojeong Hae-woo’ and pointed out that the exercise of the prosecution's power in the political case was excessive.

Ho-jung Yoon, who was organizing the remarks of lawmakers, also helped.

Chairman Yoon referred to'Black Whirlwind Lee-gyu' appearing in Suho-ji along with Po-jeong, and asked that Po-Jing would use a sword to exercise prosecution rights.

Two days after the Supreme Prosecutor's Office's national supervision and the day after his 7th trial, former Minister Cho posted a post on Facebook, saying, "You should listen to the'knife', but the authority and behavior of the'knifeman' should be monitored and controlled."

At the 7th trial held on Friday last week, former anti-corruption secretary Park Hyung-cheol and former civil affairs secretary Won-woo Baek, who served as secretaries to the Civil Affairs Office, attended as witnesses.

These are the people who made an important decision with Cho and former secretary during the course of the investigation by Geum Jeong Bureau of the Financial Services Commission at the time of Yoo Jae-soo, as well as the defendants in this case.

They poured out a number of clues in the court to determine whether the investigation and prosecution of the'prosecution martial arts suspicion' was close to the axing of the gunman or Lee Kyu, the black whirlwind.

President Moon Jae-in appointed former chief prosecutor

Park as the anti-corruption secretary in the Civil Affairs Office on the 12th following the reorganization of the Cheong Wa Dae's office on the 12th.

Former chief prosecutor Park Hyung-cheol is known as the'razor blade investigation' and is well-known for being the best investigative prosecutor of the prosecution. .

However, after the investigation into the involvement of the NIS presidential election, he was excluded from the investigative post as a degraded person, and eventually left the prosecution in 2016 and worked as a lawyer.

-May 12, 2017, during a briefing, Young-Chan Yoon, Chief of Public Communication, Blue House

Park Hyung-cheol, who was the defendant of this case and a witness at the last trial, is the first anti-corruption secretary in the Moon Jae-in administration's Chief Civil Service Office.

When the Blue House appointed him, he used the analogy of a razor blade, and said that he was equipped with a pulpit to resist unjust instructions as well as investigative power.

Former anti-corruption secretary Park Hyung-cheol testified that when the supervision of Geum Jeong Bureau of the Financial Services Commission at the time Yoo Jae-soo began in earnest, key passport officials, including Governor Kim Gyeong-soo, had attempted to shun.

He also testified that he tried to inspect the allegations of Yoo Jae-soo to the end, and that he expressed his willingness to inspect it several times.

▶Prosecutor: When secretary Won-woo Baek first spoke about Jae-soo Yoo, was it true that he said,'How about preoccupying that Yoo Jae-soo is unfair?'

▷ Former anti-corruption secretary Park Hyeong-cheol: (Secretary Won-woo Baek) said,'If you say that you are unhappy, (Yoo Jae-soo) is not submitting the ticket data right now, so will you not have to clear it by asking you to submit the data?'

▶Prosecutor: (It is displayed on the screen of the prosecution statement) When Secretary Baek Won-woo first spoke, it is written that he said this.

'If your brother comes in such a request, tell him that the anti-corruption secretary doesn't listen because his personality is dirty.'

▷ Park Hyung-cheol, former anti-corruption secretary: Yes.

Secretary Baek Won-woo and I think I said so because it was between my brother and my brother.

Former anti-corruption secretary Park Hyung-cheol testified that the various clarifications made by former Minister Cho Kook in the investigation of the prosecution and responses to the National Assembly's operating committee are also different from the facts.

In the process of the prosecution's investigation, the explanation of the former Minister Cho, stating that'At the time, there was no way to deal with Yoo Jae-soo's abuse other than accepting the resignation

' At the time, I stated that there was no way to deal with it severely, but is it consistent with the facts?

▷ Hyung-cheol Park, former anti-corruption secretary: Does not match.

Yoo, Jae - Soo resigned repairs and additional measures trillion former minister himself, rather than their own judges, the country, baekwonwoo, also explain that bakhyeongcheol attending decisions are discussed at three meetings,

▶ tests: country were discussed "baekwonwoo, bakhyeongcheol three , There was a meeting of three people, and there was a discussion on resigning from there and notifying the Financial Services Commission as a plus alpha measure.' But, as the witness remembers, is the situation at the time?

▷ Hyung-cheol Park, former anti-corruption secretary: In my memory, it is different from the facts.

On the last day of 2018, he attended the National Assembly Operation Committee and testified that all responses from former Minister Han Cho, saying, "As a result of investigating the intelligence, the grounds for the spurious intelligence itself were weak."

▶Prosecutor: Fatherland On December 31, 2018, among the response from the management committee,'As a result of an investigation of intelligence, I thought that the basis for unsuspecting intelligence itself was weak.'

It is a part called.

The first intelligence was to provide a car with a driver and pay for two tickets.

The provision of the driver's vehicle was clear with mobile phone forensics, and Jae-soo Yoo also admitted that it was provided in the Q&A survey.

▷Hyung-

cheol

Park, former anti-corruption secretary: Yes

▶Prosecutor: Regarding the payment of the flight ticket, Jae-soo Yoo did not submit it for reasons that he was not satisfied.

The special supervisor said that he was suspicious of'there is something'.

The subject of inspection does not submit the requested ticket payment details for reasons that are not suspicious. Is the basis for unsuspecting intelligence weak?

▷ Park Hyung-cheol, former anti-corruption secretary: That's not true.

▶Prosecutor: Have you ever done it even once because the witness or the special superintendent found it difficult to admit the charges related to Yu Jae-soo to your country?

▷ Park Hyung-cheol Former anti-corruption secretary: I never did.

▶Prosecutor: Does the motherland answer look different?

▷ Former anti-corruption secretary Park Hyeong-cheol: This is a different answer from the fact, but I wrote the draft.

When former anti-corruption secretary Park, who was prosecuted with former Minister Cho and got aboard a boat, poured out unfavorable stories, Cho's defense attorney focused on digging into the ``legally innocent'' section as before. .

Questions were asked to the effect that there is no'regulation' that the agency must be transferred to the agency or referred to the investigative agency for the misconduct that was inspected by the Blue House Special Superintendent.

▶ Former Minister Cho Kook's Attorney: When notifying the agency, there are no principles, practices, and procedures that ``must attach specific facts of misconduct'', right?

▷ Former anti-corruption secretary Park Hyeong-cheol: There is no regulation, but should we send it to inspect it?

Sending the inspected data is a natural step when you ask them to inspect it.

▶ Former Minister Cho Kook Attorney: What the witness said is that he has usually done so with regard to the general transfer process, is this case different from normal?

▷ Hyung-cheol Park, former anti-corruption secretary: Yes, it is different.

(Omitted)

▶ Former Minister of Korea, Defender: Is it the purpose that there can be no other form than to retire and request an investigation, or is that what you have been doing in the past?

▷ Former anti-corruption secretary Park Hyung-cheol: There is no related regulation and it has been done in the past.

▶ Former Minister Cho Kook, attorney: What form of appropriate disposition is possible?

It's not something the witnesses will judge...

▷ Former Anti-Corruption Secretary Park Hyung-cheol: I haven't thought about it because I haven't done anything else.

If this part is appropriate...

-

former anti-corruption secretary, and former civil affairs secretary Baek Won-woo, sat in the witness seat.

He has repeatedly emphasized that he is a'politician'.

Former anti-corruption secretary Park, former prosecutor, usually gave short answers in a dry tone, while former civil affairs secretary Baek, former politician, gave long and fluent answers to the prosecutor's questions.

At the beginning of the Witness Newspaper, he had a nerve war with the prosecution.

▶Prosecutor: You said a lot.

You said that I made a good record.

What's the difference between what you said and that?

▷ Former Civil Administration Secretary Baek Won-woo: Yes, yes, yes

▶ Prosecutor: What else does the prosecution do without making a record?

But why do you say that?

▷ Baek Won-woo, former civil affairs secretary: This is the first time I have ever received this kind of investigation.

I have also been involved in a student movement and have been investigated for violations of the election law, but I was the first to have this kind of prosecution.

I don't know if it's because my life is sparse, but it's sparse, but it's a story that the prosecution organizes them well and writes them in legal terms.

▶Prosecutor: Doesn't it mean that there is something different from the truth?

▷ Baek Won-woo, former civil affairs secretary: I mean the difference in nuances.

I said that I remember the number of times I spoke with another person 1-2 times, and then I kept asking if it was black 2-3 times.

What is the difference between 1~2 times and 2~3 times?

It made me think,'Isn't that the same?'

I know it was written in the record like that.

Later, the lawyers said what.

'There is a big nuance difference in the case of the difference between once or twice or two or three times.

You shouldn't do that.'

They talked like this.

I learned while being investigated by the prosecution,'Each of those words is very important'.

▶Prosecutor: Did you have a lawyer present?

When the prosecution investigation?

▷ Former Civil Administration Secretary Baek Won-woo: Yes!

Former anti-corruption secretary Park and former civil affairs secretary Baek, who said that while he was serving in the Civil Affairs Office, made the opposite statement in court.

Former secretary Park shared the report of the prosecution after receiving an instruction from the country's Chief Min Jeong to'consult with Baek Won-woo', but testified that he had heard from Baek Won-woo that'I will solve it, so wait.'

However, former secretary Paik said that he could not have said that.

▶Prosecutor: Have you ever told defendant Park Hyung-cheol,'I'll solve it, so wait for it'?

▷ Baek Won-woo, former civil affairs secretary: I never did.

▶Prosecutor: Are you saying you don't remember?

▷ Baek Won-woo, former civil affairs secretary: I can't come up with a word that says to resolve a policy even though it has not been confirmed.

As a person who has been in politics for 9 years, I know roughly what kind of complaints and how to deal with them, but it is difficult to write the word solution.

It's a matter that many people know, so I have to find a way for many people to agree. This is not my job, but if I don't make sure to resolve it, it's not a big damage. , I wouldn't have said it so easily to go ahead and solve this.

Regarding the so-called ``three-person meeting,'' when it was concluded that the prosecution would not proceed with Yoo Jae-soo anymore, former civil affairs secretary Baek gave a different answer from former anti-corruption secretary Park.

▶Prosecutor: You may have heard the testimony of the defendant Hyeong-cheol Park, but Hyeong-cheol Park said,'It is different from the fact that the three people gathered to discuss, and as a result of the discussion, an order to stop the inspection was given.

After both Baek Won-woo and my mother-guk decided to resign, they called me and the Chief Cho-guk told me about it, but there was no fact that I made a decision together.'

How is the defendant Park Hyung-cheol that there was no fact that he discussed at the three-member meeting?

▷ Former Secretary of Civil Administration Baek Won-woo: Because we have the position of Secretary Park…

There is a difference between that memory and experience.

It was a very long time ago, and I would like to say once more that the Yoo Jae-soo case is a really passing, I can't remember case.

Chief Father Cho is reasonable.

It is not common sense to call a civil affairs secretary (Baek Won-woo) who has been in charge of the affairs and excludes the secretary in charge of the affairs (Hyung-cheol Park), who has been in the political world for a long time and has not much experience in administration.

Former Secretary Baek's memories were different from those of the Financial Services Commission who attended the fifth trial as witnesses.

Unlike the testimony of former financial committee chairman Choi Jong-gu and former vice chairman Kim Yong-beom that the expression'resignation' was never delivered, former secretary Baek testified that he delivered the expression'resignation'.

▶Prosecutor:

Choi Jong-gu and

other financial officials say that there is no such thing.

▷ Former Civil Service Secretary Baek Won-woo: I

have never spoken

with him, I have spoken with Kim Yong-beom, and there is no reason not to tell Kim Yong-beom to accept his resignation.

▶Prosecutor: From Kim Yong-beom's point of view, if you heard about the resignation at the Blue House, you cannot not consult with Choi Jong-gu, the head of the personnel department.

However, no one says that they have not heard of it, and that Jae-soo Yoo has never said that he will resign, and that he has not contacted him that he must resign, and that no one has heard of the resignation.

▷ Former Civil Service Secretary Baek Won-woo: I am trying to understand their statements, and in the court, I am telling the truth about my actions and memories.

The situation where testimonies about the existence or absence of certain facts, not the evaluation of the same issue, are opposite.

Someone is lying.

Baek, former civil affairs secretary, emphasized that the decision at the time regarding the inspection of Yoo Jae-soo was the Blue House’s own “political judgment”.

When a warrant for arrest against former Minister Cho was filed on December 23 of last year, it is in line with the position made by Yoon Do-han, then chief of public communication at the Blue House.

Under the circumstances at the time, it is the decision of the Civil Affairs Office to decide whether to request an investigation by the prosecution or to take personnel measures by notifying the affiliated agency, and it is reiterated that the Blue House is not an institution that works with the permission of the prosecution.

-December 13, 2019, Yoon Do-han, then Chief of Public Communication at the Blue House

The prosecution questioned why Jae-soo Yoo's'political judgment' was put into the prosecution.

Also, the fact that the'political judgment' was not a justification for accepting the requests of influential people in the passport, drove up former civil affairs secretary Baek.

▶Prosecutor: Jaesoo Yoo What is the reason for the need for political judgment in the inspection process?

▷ Former Civil Service Secretary Baek Won-woo: (omitted)'We need to sort out this case quickly and cut it out.

It should not be burdened with government administration.

I made a suggestion to the chief such that dragging such a case will burden the operation' and thought that it should be handled in such a way (receiving Yoo Jae-soo's resignation).

(Omitted)

▶Prosecutor: In the end, there was a complaint from major personnel, so a witness came out, right?

▷ Baek Won-woo, former civil affairs secretary: Civil complaints are asking you to listen to your resentment.

I don't remember exactly how many times I spoke with former director Jae-soo Yoo, but it ended with listening.

It was summarized, and then it was decided that the case of Jaesoo Yoo should not be a burden on the administration of the state administration.

I saw how it was reasonable to do it, and Yoo Jae-soo was pushed back a lot because it was a civil complaint, not an important case for us.

But Baek, former civil affairs secretary, did not back down.

He emphasized a long time that the administration of the Blue House cannot be achieved only with the logic of the law, and sometimes'political judgment' is required.

▷ Former Civil Administration Secretary Baek Won-woo: I think Secretary Park Hyung-cheol did his best for the given mission.

Of course, because you were from an investigation agency, you would have thought that small things should be punished strongly.

As a politician, I thought I had to compromise politically and politically.

My position may be illegal and illegal, but when I report to the chief, I did so because I thought it was my job to provide legal advice and political and non-legal advice like me at the same time so that the chief could make a balanced judgment. .

(Omitted) When

discussing'what to do with the inspection' inside the Blue House, or when discussing various discussions from the prosecution and police, such a political judgment cannot be exhausted.

After all accusations are made, the Blue House will always be asked for investigations and accused.

The Blue House is not an assessment device.

It is an organization where public officials should care and talk to go together.

That's why I comprehensively say that I have judged that.

imprisonment There were other people who argued that the decision of the Civil Affairs Office, which assists in the administration of state affairs, had many elements of “political judgment” and thus could not be subject to criminal punishment.

I am Woo Byung-woo, who was formerly the senior civilian government chief, and was accused of neglecting even though he knew Choi Soon-sil.

Like former Minister Cho, who criticized the prosecution's investigation of the suspicion of prosecution Yoo Jae-soo as being'low-in-the-middle', former chief Woo also criticized the prosecution, who requested an arrest warrant three times against him, "a person-centered investigation, not a case." I did.

“Investigation is, for example, a way to find the perpetrator by investigating a murder, that is, to find a person by looking at the incident. I was suspicious of the Gangnam Station land and eventually abused my authority in relation to the civil affairs senior affairs not related to the Gukjeong Nongdan. I was prosecuted. In the end, the investigation was conducted around people, not the case."

-June 16, 2017, the first trial of former Min Jeong-woo, Woo Byeong-woo, Department of Criminal Agreement of the Seoul Central District Court

Both the former government's chief civilian and the current government's first civilian chief seem to recognize that the prosecutors' double ax was used by the prosecution against their'political judgment' when they were in office.

The prosecution's practice of investigating political cases, which is compared to the appearance of a bloody demon, must have something to look back on.

Like former President Roh Moo-hyun, in the process of investigating political issues, many people changed their fates, and as in the first case of Han Myung-sook, unreasonable investigations and prosecutions against certain politicians were found innocent.

The massive ruling party with 174 seats and the government are also voicing to control the swords of the prosecution under the banner of'prosecution reform'.

From measures to limit the scope of the prosecution's direct investigation and the method of investigation, to criticism of the prosecution from the mouth of the attorney general.

The government's ruling party's action demanding that the prosecution be'rebirthed by imprisonment' is geared toward'controlling the prosecution's organization.

However, I don't think it makes sense for the prosecutors who are engaged in the investigation of political cases with this alone to hope that they will be ‘pojeonghaewoo’.

It is impossible for the regime to completely control public opinion in a modern democratic state.

When the result of putting excessive weight on'political affairs' rather than'principles' becomes a problem in the future, it is difficult to avoid a lot of suspicions and arguments.

The prosecution's sword handed over to the investigation is likely to resemble the two axes of'Black Whirlwind Lee Gyu', which is difficult to determine the direction of the two axes of the quiet'Pojeong', in a situation where a mess has occurred in return for not properly pressing the first button.

The recent history shows that the judgment and actions of those in power at the core of the regime, as well as the control over the prosecution's organization, are one of the important factors that will make the prosecution a prisoner.

As many testimony came out, the lawyer's cross-examination against former Civil Service Secretary Baek Won-woo could not be held in time.

At the 8th Trial, which will be held on Tuesday next week with different days of the week, a cross-examination against former secretary Baek and a witness newspaper against former Minister Cho Kuk will be held.