B stated in this court (…) with the intention of'providing various kinds of money and money, etc. to the defendant, expecting to be able to receive help from the defendant (Yoo Jae-soo) in the future business risks related to company management' Did.
I said in this court,'providing the defendant (Yoo Jae-soo)'s ticket, etc. has a personal relationship, but it does not prevent the person from being unfair when he or she is in the process of operating an asset manager, or occurs during the operation of the fund. I understand that it was understood that I expected to discuss the issues and introduce the person, but I answered'Yes' to the question.
-Yoo Jae-soo, former deputy mayor of the Busan city, is suspected of bribing, etc.
Mr. B and I are among the people who appear in the ruling because they offered money to the former deputy mayor. It turns out that Mr. B was asked by Yoo Jae-soo to purchase two golf clubs, and Mr. I paid for the ticket to the United States by his former deputy mayor's wife. In the second trial, which was held on the 5th, the second trial of the ruling of the country's prosecution, Minjung Susuk attended two years and a half ago, two witnesses who first recognized and suspected their bribery allegations.
● Whether it was not or not
▶ [Report File] Min Jeong-suk Between the Motherland, Temperance and Intervention ① At the
first trial on the 8th of last month, the defense minister of the former homeland, from the beginning, infiltrated the formal aspect of the law of'abuse of right to abuse of power' The. Cheong Wa Dae's special committee was a place under the leadership of Min Jeong-Soo, but he did not have any special authority, so he demonstrated the purpose of not having the'right' to be disturbed.
In the second trial, the defendants, including Cho, and the defendants, maintained the basic framework of this logic, while focusing on a more specific defense. 'In the light of the situation at the time, even if I wanted to inspect, I couldn't continue.' It is the intention that this realistic limit situation cannot be regarded as'abuse of authority', as it influenced the decision of the chief civil servant of the country to end the inspection of Yoo Jae-soo. It was also related to the Witnesses who attended the second trial that the defense of Cho's side went beyond the formal dimension of jurisdiction to the concrete situation of the time.
| ▷Inspection: Unlike the general case where the supervisory group does not conduct a direct investigation, the prosecutor Yoo Jae-soo, who even conducted a direct investigation into his own production intelligence, seems to have a very serious corruption and high intelligence credibility. ▶At that time, the special squad desk, Mr. Kim: Yes, the special squad at that time thought so. |
In particular, Mo, Lee, a former special commissioner who obtained the first intelligence, testified that he tried to continue the inspection by putting'Park Geun-hye's government' in the title of the report in order to prevent external pressure from regimes with whom Yoo Jae-soo and his friends were familiar.
| ▷ Inspection: Do you remember the title of the interim report? ▶ At that time, special class member Lee Mo: I am not sure, but I do remember. ▷ Inspection: What was the title? ▶ At the time, special vice-president Lee Mo: I remember changing the title after the first report that I started. <First, I received suspicion from the financial institution Yoo Jae-soo, director of financial affairs at Geumjeong-gu, Korea> I changed the title. ▷Inspection: I uploaded it after seeing the situation up to the time, but suspicion of my nephew's nephew sponsor, nephew entrepreneur ○○ development, spawning from financial institutions... I said to the deputy supervisor that we would like to set a title like this. Is it because you think that you can overcome external pressure if you pretend that you were spawned by the former nephew of Park? ▶ At that time, special class member Lee Mo: Yes. |
On the other hand, defendants of defendants, including former Cho and Hyung-cheol Park, former defendants of the anti-corruption, refuted that the Blue House special inspection group was unable to conduct the inspection while Yoo Jae-soo paid sick leave during the inspection. The Blue House Special Affairs Group was not a'investigation agency' with the authority to investigate, but asked how Yoo Jae-soo was able to continue the inspection while he was sick and subdued.
| ▷Former Minister of the Homeland Lawyer: (Yoo Jae-soo) Witnesses were not aware that they were not responding to the prosecution? ▶ At that time, special class member Lee Mo: Right. ▷Former Minister of the Homeland Lawyer: (Yoo Jae-soo's answering the phone was not to answer the prosecution?) ▶ At that time, special class member Lee Mo: Rumor has it that a paralysis has come to one body, so I thought'it may be really painful' and that is also complex. If it really hurts, it is not a situation where you can proceed with the inspection immediately. I can't continue to force you out... ▷Former Minister of the Homeland: Attorney Yoo Soo-soo did not know at the time and knew later? ▶ At that time, special class member Lee Mo: I couldn't check when I went, and I went sick, so I checked and reported it to the captain. ▷Present Minister of the Homeland: Attorneys in the left and right are not in the state of being able to take action right away if they are no longer in charge of inspection. ▶ At that time, special class member Lee Mo: How can I... I wish I had tried to inspect. |
The question of the shadow lawyer of the'Controversy Han Myeong -suk' presented to the trial of the motherland continued, but ex-president Lee Mo said, "I was able to do more surveillance." He even mentioned the specific methods he thought.
| ▶ At that time, special class member Lee Mo: I would have had to send an official letter or continue the inspection. ▷Former Minister of the Homeland: Attorney General? ▶ At that time, special class member Lee Mo: Check foreign accounts and domestic money transactions, and check foreign exchange transactions. ▷Former Minister of Homeland Lawyer: Will the Financial Services Commission then send you? Personal overseas accounts? ▶ At that time, special supervisor Lee Mo: It is necessary for the inspection, so we need to look at agreements and regulations. It was only thought. ▷Former Minister of the Homeland Lawyer: You only thought? Is it actually possible to do it in the Blue House Special Task Force? ▶At this time, special class member, Mr. Lee: I think I had asked FIU (Financial Information Analysis Institute) to review whether we can give you an official letter if we ask. ▷Former Minister of the Homeland: Attorney? ▶ At that time, special class member Lee Mo:'I will review it', but there was no specific answer. And just by resigning... ▷Present Minister of the Homeland Attorney: Does the official document go in the name of the Blue House special supervisor? ▶At the time, special class member Lee Mo: Since it is a civil servant organization, what...and can I get it through the department's auditor through the auditor? Once the inspection is formalized, I think we can get it through our charge. |
The testimony that such an additional inspection method was considered can be a material that reinforces both components of the allegations of'abuse of authority' and'interference in exercise of rights'. Therefore, the defendant's side replied to this passage. At the end of the newspaper of former witnesses of Cho, the lawyers of the anti-corruption secretary at the time of the prosecution, Park Hyung-cheol, asked in a tone of tone.
| ▷Park Hyeong-cheol Former secretary attorney: Didn't the Witness find the law when inquiring? (Omitted) It's weird that the special squad aces haven't looked for the law. There is a law on reporting and using specific financial transaction information. FIU is the abbreviation of the Financial Information Analysis Institute, and according to Article 7 of the Act, the head of the Financial Information Analysis Institute is able to provide information. 'Investigation of criminal cases, investigation to confirm allegations of tax evasion, collection of taxpayers, investigation of customs offenses, investigation of allegations of evasion of customs duties, collection of customs duties, collection of customs duties, investigation of violations of the Political Fund Act, investigation of financial risks, and investigation of dangerous persons in terrorism' ,'The chief of the Prosecutor's Office, the head of the National Tax Service, the head of the Korea Customs Service, the chairman of the central election, and the financial chairperson' are specified. When the witness asked this, did you not know that it was against the Personal Information Protection Law by telling the witness to the person who is not even in the law if the Financial Intelligence Service informs the witness? Did you think you would give? ▶At that time, special class member Lee Mo: I just thought about that, and I didn't mean to take action. |
The question of the intention that the additional inspection plan that Mr. Lee, the former superintendent, thought, was inconsistent with related laws and regulations was difficult to implement anyway. As a special class member who had to conduct inspections within the framework of the law, it was an unavoidable inspection, and it was not argued that it was legally disturbed.
The lawyer went further from here. Mr. Lee did not state this in the prosecution investigation, but in court, he questioned the details, and raised new suspicions.
| ▷Park Hyeong-cheol, former secretary-general attorney: If you tell the truth, it is normal to speak when the prosecutor asks,'What were you thinking about the additional prosecution?' ▶At the time, special class member Lee Mo: Since I was thinking of myself, I mentioned the report to the desk or the head of the class while I was referring to the supervisor. (Omitted) ▷Park Hyung-cheol Former secretary attorney: (In the prosecution investigation) You asked me how you were thinking of trying to inspect it further. ▶At this time, special class member Lee Mo: I did not state that I thought it personally (at the prosecution). ▷Park Hyeong-cheol Former secretary attorney: Why do you tell me today? ▶ At that time, special class member Lee Mo: You kept asking. ▷Park Hyeong-cheol Former secretary attorney: Did the witness talk about it first? I only asked one line? ▶ At that time, special class member Lee Mo: At that time, I remembered Korean Air texts. ▷Park Hyeong-cheol Former secretary attorney: Witness, did you go to the prosecution before the trial? ▶ At that time, special class member Lee Mo: I went to check the statement. |
'You went to the prosecution before the trial?' Although I didn't speak to myself, this brief question from the lawyer was raising the suspicion,'Isn't he visiting the prosecutor's office and making a statement before attending the second trial?' Soon after, Justice Kim Mi-ri asked the question.
| ▷ Chief Justice Kim Mi-ri: Can you tell the investigative agency to confirm the statement and give it to the witnesses? (The prosecutor's side) tells the accused,'Have you met the witness, did you call me,' and'If so, can't you believe (statement)?' Is it number one? ▶Prosecutors: Witnesses have been visited once and have been investigated. (After that) I will come and check the documents. ▷ Chief Justice Kim Mi-ri: (before attending this trial) Did you voluntarily go to the prosecutor's office again? ▶Inspection: (Witness) Some people apply for a copy (reading statement). ▷ Chief Justice Kim Mi-ri: That's good, but is it allowed to reconfirm the statement? I'm asking because I'm curious. (The prosecution) asked the general witnesses if they ever contacted the defendant, and (if yes) said that there was no credibility. |
In the case of Han Myung-sook's violation of the Political Fund Act, the prosecution reported that the prosecutors called important witnesses to teach perjury, and the controversy surrounding it was amplifying through politics. The prosecution reacted strongly. He said that there is nothing wrong with the rules of the prosecutor's office, and it is even more surprising that the judge does not know that the witness can come to the prosecutor's office and check the statement before the trial.
| ▷ Chief Justice Kim Mi-ri: What do other prosecutors say about this witness last time? 'Have you contacted, called, or met with the accused?' (The prosecution tells the Witness) I think it's true to say a lot of various credibility statements, but I'm asking because there seems to be a part I don't know. (…) Again, it's trial-centered to talk about it again. (Witness) It doesn't matter if you copy it. (Witness goes to the laboratory and checks the order.) I doubt something like that. ▶Prosecutors: We are not the plaintiffs and defendants of civil litigation, but represent the public interest. I know enough about the areas of concern... ▷ Chief Justice Kim Mi-ri: (Will witnesses check their documents in the laboratory?) ▶Prosecutor: We were more surprised to hear that the judge heard it for the first time. |
According to several lawyers, it may be possible for a witness to go to the prosecutor's office before attending a trial and check the statements he said during the prosecution's investigation through inspection. However, in the process, it may be a problem if the witness and the prosecution make inappropriate contact, such as having a conversation about a court statement. As the debate with the judge continued, the prosecution stepped down and dismissed'I understand the judge's concerns', but dismissed it as saying'I can't say anything in this sensitive trial.'
Was the Blue House special squad at the time of the sword in power aiming to continue the inspection? This debate, which took place mainly in the second trial, stems from the past history of the special committee. The predecessor's predecessors, the Kim Dae-jung government,'Sajik-dong Team' and'Sajeongban', took on the role of inspecting the power. However, sometimes he crossed the line, such as invading the civilian realm, and in the'clothing lobbying', he was suspected of trying to shun the case.
As the accident continued, the civil affairs leader Moon Jae-in, who was the leader of the Roh Moo-hyun administration, settled on the foundation of the Blue House Special Inspection Group. The existence was formalized, and the scope of personnel and inspections were specified in the regulations. In particular, investigations of civilians were strictly prohibited. However, just like Min Byung-woo, Woo Byung-woo, who faced the national administration of civilian Choi Seo-won (former Choi Soon-sil) during the Park Geun-hye administration, the Special Operations Group under the Civil Affairs Office was controversial at the boundary of the scope of the exercise of authority.
It was the same with Min Jung-suk, the fatherland of Korea. Even before the incident of Yoo Jae-soo, the heads of the homeland, the Minjung chiefs and the special squad, were often attacked by the opposition party with a'scope of authority'.
"The head of the country said that he would go to the local government and the local council for inspection in the second half of the year, but the Civil Affairs Office has no legal authority to monitor the local government. (…) The idea of inspecting the head of the local government or the local council is not subject to inspection. Is the abuse of authority."
On July 9, 2018, at the Liberal Party's meeting for the Freedom of Party Party, Kwak Sang-do, the deputy deputy
chief of staff at the time, said Minjung- suk, the country's chief executive, at the time saying, "It's the intention to be vigilant, not to inspect the local government and local councils." When I filed, I said,'I will conjure myself to the relevant institution and use it for investigation.'
There is no plan for the Special Supervisory Board to conduct direct inspections of local governments or local councils. However, if information regarding corruption in the local government is received during the inspection process of public agencies scattered in the local area, it is investigated by the relevant agencies. I plan to use it. -July
10, 2018 Secretariat of the
Minjung Senior Citizens' Secretariat However, the Minjung Senior Citizens chose'Exit of the supervision' instead of'related agency espionage' for the suspicious intelligence received. Yoo Jae-soo, who became the deputy mayor of Busan City, was convicted of the alleged misconduct, two and a half years after the inspection, and Min Jeong-suk was accused of defending and was a'political judgment'. Citizens also watched another “Special Forces Cruelty”.
The Moon Jae-in government is now planning to launch another high-ranking official, the Investigation Bureau, which stands for'power check'. When the bill passed, former homeland secretary wrote on Facebook, "I am as happy as tears." Could the airborne place born after another special task force of cruelty become a'sword in power aimed at living power'? Power learns lessons from the facts presented during the trial. Winning or losing is the most important for the parties, but there may be something more important for ordinary citizens who will live in the future.
*References
<The Government of the Blue House-Thinking about'What is a Democratic Government'>, Sanghoon Park, and Humanitas
"The dead Sajik-dong team is awakening?", Hee-sang Jeong, <
City Journal> 1600 "Working as a Special Observatory of the Blue House, always scary It was breathtaking", Hee-Chul Kang, <Hankyoreh> 2018.12.23.
Question from the Motherland Trial'What is the Blue House Special Task Force' doing, Lee Hye-ri, <Kyunghyang Newspaper> 2020.05.26