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Criminal law of temperance , beginning with serialization . This theme was chosen by the former Minister of Homeland, who dreamed of returning to Seoul National University Law School for the first semester this year. In his book, also published in 2014, 'The Criminal Lawyer Fatherland' expressed the view that "the criminal law is like a sword, so it must be used carefully and delicately." Various examples appear in the book. Adultery, consensual homosexuality between soldiers, real defamation… He pointed to the limitations of the Korean Penal Code, which has pushed the sword into the realm of personal freedom. The following year, when the book appeared, the Constitutional Court ruled that adultery was unconstitutional, and the following year criminal law was removed. Four years after the book came out, the court ruled first on consensual homosexuality between soldiers.
Six years have passed since then. The subject of 'temperance and intervention' in the criminal law faced by the 'School of the Father' is again thrown at him. He became the “core of the Moon Jae-in government,” who served as chief civil affairs chief and attorney general, and defended the abuse of authority. “He is the victim of the prosecution's omnibus investigation against prosecution”. In short, the prosecution failed to 'abstain' the sword of the prosecution power that should not have been wielded. On the other hand, prosecutors who prosecuted him insist that the charges of former Cho are "social harms" that criminal law should "intervene." In the public prosecutor's office, the prosecution defines the candlelight government's first civilian chief, Minjeong-suk, the key agency of the president's counselor, as a nationally ill crime of abuse that has stopped inspections even after recognizing the ranks of senior officials. 'Is the exercise of authority between moderation and intervention appropriate?'. The question that former Minister Jo asked for 'prosecutor's authority', the prosecution is throwing at the authority exercised by 'Minjung Su-guk'.
On the 8th, a legal judgment against the 'President Minjung' was placed between this moderation and intervention. There will be questions from both sides of each other, and a lot of testimony and evidence will come out. It is also important for the judges who have to make legal judgments, but the facts that will emerge during the trial process are also important information for citizens who had suffered from the so-called 'homeland situation' last year. This is especially true for those who have yet to make a judgment between the slogans of 'Protection of the Fatherland' and 'Redemption of the Fatherland'.
Therefore, SBS wants to convey a trial that is difficult to contain with a short broadcast article through a series of [Interview File] 'Minjung Soo-suk, Between Temperance and Intervention'. The breaking news may be a little lacking, but I pledge to do my best to serialize it for readers who want to take a deeper look at the 'President Minjung's country' trial.
"Even though we understood the specific criticism , the inspection was stopped by the direction of the motherland ... The pressure of passports was also
over ."
'Even though Yoo Jae-soo received a report on the criticism of the director of the Financial Services Commission at the time of the special affairs team under the Civil Affairs Office, he unfairly stopped the inspection because he abused the authority of the civilian chief executives and failed to ask for the key personnel of the passport.'
'After that, I contacted the Financial Services Commission through the Minjung Secretariat, Won-Woo Baek, and Yoo Jae-soo, who was under the
prosecution, intervened to resign without special disciplinary action or investigation .' ▲ Min Jeong-suk's fatherland was influenced by the request of passport personnel and unfairly used the authority to stop the corruption inspection of high-ranking officials (abuse of authority). ▲ It interfered with the exercise of the rights of the special supervisory group under the Civil Affairs Office trying to continue the inspection (interference with rights). According to the Supreme Court's ruling on January 30, allegations of 'obstruction of the right to abuse abuse' applied to Cho are guilty only if both of these are proven.
In December 2018, when the suspicion of the prosecution began to ignite, Min Jeong-suk at the time of his fatherland attended the National Assembly's Operation Committee and responded.
result of investigating intelligence of the country / then the Blue House Min Jeong-soo (December 31, 2018, the National Assembly Steering Committee) , it was found that the spy intelligence itself had weak grounds.
At the time, the false intelligence reported by him was weak, so it was argued that it was not unjustifiable abuse to stop the inspection. The witness that the prosecution filed in the first trial to refute this claim was Lee In-geol, then special prosecutor. Lee In-geol, the former chief of special affairs, headed the special supervisory group under the Civil Affairs Office, and was responsible for the inspection of Yoo Jae-soo at the time. The prosecution first questioned that the secret agent's intelligence was reported at a very specific level before the inspection was stopped.
| ○ Inspection / (Yoo Jae-soo's mobile phone) Do you remember any forensic results? ● This is the former head of special affairs / car driver, and free car service is available. It looks like an acquaintance golf club, but it has been used more than 10 times for free. ○ The inspection / witness forensic report was done twice. There is a raw data forensic report. Do you remember the uniqueness of raw data? ● I stated that this was the case with the former chief of the special supervisory / prosecutor's office, saying that there are people who are in contact with Yoo Jae-soo. As reported in the media, I reported on the announcements of Yun Gun-young, Kim Kyung-soo, and various greetings as well as sending and receiving texts related to personnel. ○ Prosecutor / Witness Just stated, Yoo Jae-soo discussed with Kim Kyung-soo, Yun Gun-young, who will be the standing committee of the Financial Services Commission, and exchanged greetings from the ruling party's politicians and thought 'this person is better than I thought', and received fund management from the fund manager 10 times Do you think the prosecution said you remembered the support for the car with the article? ● This is the former chief of the special committee. |
At that time, the special task force said that Yoo Jae-soo was acquainted with the details of the passports as well as the details he received from the operators. However, during the prosecution, former deputy director Lee testified that he felt the breath of key personnel from the Blue House. In the courtroom, the Cheong Wa Dae officials mentioned by the former special committee members are Cheong Kyung-deuk and secretary Baek Won-woo.
| ○ Prosecutors / Witnesses and other administrators from the Blue House said they were good people. ● Lee In-Geol, former chief of staff, is the executive of Kyungdeuk Chun as shown in the media. ○ What is the inspection / specific process? ● I decided to dine with the former Deputy Chief of Staff / Executive Officer Cheon Kyung-deok, but refused to keep busy. Soon after I started inspecting Director Jae-soo Yoo, I contacted him and ate dinner, and while I was eating, I was like, 'How about the case of Chief Yoo Jae-soo? I am a person. ' |
| ○ At the time of the prosecution / prosecutor's investigation, (Yoo Jae-soo) was explaining the lifesaving movement, was it correct that he stated that he remembered the situation that the secretary of the secretary, Baek Won-woo, was involved in the lifesaving campaign during the reporting to the secretary Park Hyung-cheol? ● This is the former chief of staff / Yes. Yes. ○ Prosecutors / Specifically, what are the things related to Baek Won-woo from the secretary of the Park Hyung-cheol? ● I remember that this is what I said as the chief of the special affairs team / the burner up and down, and the lifesaving movement here and there. ○ When the prosecutor / witness, Hyung-Chul Park, secretary wrote an interim report, 'I think I'm coming to lifesavingly through Baek Won-Woo. I'm sure you've written all the allegations of this allegation, and from what point did you (at the prosecutor's office) say that (from the prosecutor's office) I felt like the secretary of private affairs (Baek Won-woo) ran and handled it? ● I remember that this was a lot of involvement by former Chief of Staff / Won Won-woo, and it seems like an exaggerated expression until handling. ○ At the time, the prosecutor's / total purpose felt that Baek Won-woo was involved in the inspection of Yoo Jae-soo. ● I'm Lee, I'm the Special Manager. |
The former deputy chief of the testimony testified that the prosecution had been 'discontinued' despite the four reports of the suspicion of criticizing Yoo Jae-soo. Normally, the final report is posted at the conclusion of the inspection, but without that, the inspection was stopped in the middle. Lee's former deputy chief of deputy testimony testified that he remembered that 'Witsun', who had ordered the suspension of inspections, was a civilian chief during his homeland.
| ○ Did Hyung-Cheol Park, who was reported by the prosecutor / the Witnesses, report to the motherland that Yoo Jae-soo was sick? ● I think this would have been the case / I've reported. ○ Did you (Park Hyung-cheol) say anything to the witness after the inspection / report? ● This is the former chief of the special supervisor / Yes ○ Do you hold a prosecutor / (prosecutor)? ● I'm Lee, I'm the Special Manager. Yes. Reported (Park Hyung-cheol said so). ○ Prosecutor / (Yoo Jae-soo) Reported the fact that he was sick, Park Hyeong-cheol said, 'Hold it,' and then I don't remember the date. What Hyung-Chul Park said) Right? ● I'm Lee, I'm the Special Manager / Yes ○ The prosecutor / spoken above. What does this mean? ● I remember that this was decided by the chief of the former special chief / I (Korea). |
Former prosecutor Lee testified to the prosecution's question that he thought he would have continued the inspection if there were no such hypocrisy decisions, and that there would have been measures such as agency notifications and investigation requests. He also said the suspension of inspections like this is unusual in his experience.
After the newspaper of the prosecution's witness, Kim Ki-chun, summoned in the 'regulatory debate' , it was time for a lawyer to take a break. Cho's lawyer, attorneys, digged into the special authority's 'rights' rather than what happened at the Blue House. The logic of the former minister is that the special supervisory group is only a sub-institution of the civilian chief's office, and is an organization that moves under the direction of the civilian chief executive officer and has no 'rights'. The prosecution said that former Minister Jo had `` interrupted the exercise of the special squad's right, '' but the special squad had no legal 'rights' to be disturbed. Cho's lawyer, Cho, has entered this realm of 'law' from the start.
| ○ Attorney / Special Affairs Group is an organization under the Anti-Corruption Secretariat? ● I'm Lee, I'm the Special Manager. Yes. ○ The lawyer / anti-corruption secretary is under the leadership of Min Jeong. ● I'm Lee, I'm the Special Manager. Yes. ○ Attorney / The chief executive officer of the Blue House is a senior executive officer, and the chief executive officer is also the lowest administrative officer, right? ● I'm Lee, I'm the Special Manager. Yes. |
Subsequently, the question of whether or not to continue the prosecution or not, or whether to request an investigation, all continued with the question that it was the authority of the 'President of Minjeong'.
| ○ Attorney / It is the authority of the chief civil officer to decide whether or not to directly (supervise) the Blue House inspectorate about the information adopted. ● I'm Lee, I'm the Special Manager. Yes. ○ If there is a lawyer / prosecutor's office, is there any regulation in the law that can be taken by the chief civil officer? ● I'm a special vice-captain / I don't have this. ○ If the lawyer / chief civil officer finally disposes, the disposition is not officially delivered to the witness, right? ● I'm Lee, I'm the Special Chief of Deputy / Yes. I'm being delivered orally through the secretary. |
The lawyer went further and asked for specific 'rules'. By demonstrating that there are no 'regulations' stipulated in the statutes for the task force to transfer spy intelligence to other agencies or to seek investigations, it is intended to demonstrate that the law enforcement officers do not have the 'rights' themselves to be hindered by the chief of civil affairs. .
| ○ Article 7 (2) of the Regulations of the Attorney / President's Office. Special class members do not have the right to investigate and discipline. You're only collecting intelligence and checking facts, right? ● I'm Lee, I'm the Special Manager. Yes. ○ Attorney / Abstract, you're saying that inspection is a very comprehensive concept, and what the special supervisor does during the inspection is limited to collecting intelligence and checking facts, right? ● I can see that this is the former chief of the special affairs / fact-relationships, but yes. (Omitted) ○ Are there no regulations regarding the execution of the lawyer / secretary's office inspector? ● I'm Lee, I'm the Special Manager. Yes. ○ Are there any regulations, such as lawyer / agent, request for investigation, or intelligence? ● I'm Lee, I'm the Special Manager. Yes. ○ Attorney / Did you know that there has been no provision regarding procedures and methods after the Taewoo Kim incident, and so far? ● I've been told that I made this before I retired, and I can't remember. |
This 'regulation' issue was also mentioned in the Supreme Court's ruling on January 30, when it was rumored to re-examine some crimes, such as Kim Ki-chun and Cho Yun-sun, charged with the 'cultural blacklist' case. In this ruling, which currently acts as a criterion for judging the right to abuse the right to abuse, the Supreme Court ruled.
| If the other party is an employee of a public official or a related institution, what he has done is within the scope of his job in terms of form and content, etc. The principles, standards, and procedures to be followed in the course of performing duties in accordance with laws and other relevant regulations If you do not violate your back, it is difficult to say that it is the time when you have to do something that is not required by law. |
According to this standard, even if the chief civilian abused his authority, it would be difficult to commit a crime if the supervisor did not violate the 'principles, standards, and procedures to be followed according to laws and regulations.' In the interrogation of the question that the lawyer asked Lee In-geol to former deputy chief, you can read the logic that 'it is hard to be guilty because there is no rule that the special committee violated because of the chief of the fatherland'.
Since it is an important issue to decide on guilt in the future, the prosecution responded immediately after the lawyers order was over. The lawyer proposed the same rule, 'President's secretary's office, Article 7, paragraph 2', and replied, 'Even under these regulations, the special committee has the power to request investigations.'
| ○ Prosecutors / Witnesses, I don't know if you have seen this part, but at that time, according to Article 7 (2) of the Presidential Secretariat's Office, the items were classified as special squads. It is limited to confirming the relationship, and if it is deemed necessary, an investigation is requested. Then, in our view, even the commission and the espionage are the powers of the special committee, which appears to be the approval of the boss during the exercise. On the part, the defendant asked the question as if it were all Minjung's authority. How do you judge this? |
Prosecutor Lee In-geol, a former prosecutor, continued to ask questions by comparing the relationship between the judge and the prosecutor. The point is clearly that the special squad also has 'legal authority' to be infringed by the chief civilian.
| ○ The prosecutor / prosecutor also exercises authority in his name when requesting a warrant, but the judge is decided. According to the statute, it is the special task force's authority to request or transfer an investigation, and it has the approval of the anti-corruption secretary and the chief of civil affairs. ● I'm not sure about this, and I'm not sure about the section chief / the judge, but I also gave it to the secretary and the chief, and I followed the instructions of the top executives. |
However, President Kim Mi-ri responded that it was difficult to agree with the prosecution's explanation, which compares Min Jeong-suk and the special task force to the relationship between the judge and the prosecution. There was a tensionful conversation between the prosecution and the judge.
| ○ Jim Mi-ri seems to have been doing this. Prosecutor. The rules are insufficient, and I think this is what the Witnesses are talking about during the Witness Newspaper process. ● Inspection / No. no. Prosecutors who do this are also subject to payment. ○ Jim Mi-ri / That's very different. It's a special case. I don't think I'm taking that structure as it is and saying that. The statement doesn't seem to be a post-mortem newspaper. I think you can organize it according to what you did before. Right, witness? ● This is the former chief of the special affairs / what? (Laughter) So, it doesn't end that the judge / witness would be like this. ● What I want to tell the prosecutor / tribunal is that the judge decides how to interpret Article 7.2 of the secretary's office. The judge can also decide whether it is invalid. ○ Judge Kim Mi-ri / Hahaha, yes. If you need judgment, I will do it while studying. |
We ask the media to not sink into the whirlpool of the workshop . Do not dictate only the prosecution's charges. And even in courts starting today, I hope that you will faithfully report the content of the lawyer's opposition. Thank you. -Former Minister of Homeland / At the
first trial before attending court on the 8th, former Minister Cho made this 'asking' towards the media. It seems to have originated from the consciousness that the media reports surrounding his allegations are being made 'prosecutorial bias'. This view can also be read by supporters of former Minister Cho, who are expressing anger over the existing media.
The demands of the defendants and citizens to 'don't be biased' are clearly justified. However, it is difficult for this request to result in the media reports dealing with the case of the former Secretary of State mechanically listing both sides' claims. When the trial process, revealing various aspects of the case, is simply delivered to the 'courtroom', and the social meaning and moral appraisal that emerge here sinks under the whirlpool of the legal workshop, it may only be the void behind the power struggle. During his academic years, Minister Cho also said that 'law is not a value-neutral study, but a value-oriented study'.
'Medium' (中庸, golden mean) does not mean choosing a mechanical or arithmetic middle from both sides, excluding value judgment. 'Medium' in 'Medium' means 'correct' rather than 'center'. Of course, authors cannot monopolize 'correctness'. In the analogy of Senator Shin Young-bok, the author is only "Jim Nam-cheol constantly shaking to get directions."
-Preface to <The Criminal Law of Temperance> 中 In the second trial held on the 5th of the following month, two members of the Blue House Special Affairs Committee, who were in charge of the prosecution for former deputy mayor Yoo Jae-soo, will attend as witnesses. Moon Jae-in's first civilian leader, the country, was born as the so-called 'candlelight revolution'. More testimony and evidence will be revealed to judge whether his performance was in line with the candlelight citizens' desire for the birth of a new power and whether his performance could be punished by the standards of criminal law. We will continue to convey the meaning and context of the SBS coverage file along with the trial scene.