Male audience: (approaching the homeland) I'm not ashamed! In front of the people!
Motherland: (screams and shouts) Go back to your seat! Return to your seat!
Lawyer: It's not a torai...
Male audience: Toray? Look at this. Look at this. You said it again? He said it was a rai The lawyer told me it was another!
-Last July 3, during the afternoon of the 4th trial of the former Secretary of State
As the former Minister of the Republic of Korea expressed himself as "political judgment," the trial of the case against political judgment during the reign of Min Jeong-suk was filled with political elements of every testimony and evidence. Political energy, often condensed like blood, often comes out as a fountain when prosecutors and defendants tackle the blades of jurisprudence on a mass of cases, such as when cutting a meat-filled meatball. Words of Testimony Words are reported in real time, and there are big and small battles between people gathered inside and outside the courtroom as well as on the Internet comment window.
The last three and four trials were the culmination. The first exposure of the case, the presence of former investigator Kim Tae-woo, was filled with more tension inside and outside the court than ever before. In the testimony of former investigator Kim Tae-woo, supporters of Cho's former secretary Choe-suk laughed out loud, and the angry opponent of Cho's anger screamed as if he was ashamed of approaching Cho during the trial break. Cho exclaimed to the opposition to return to your seat, and with the warning of the judge, the policemen surrounded the court. The'court time', which seemed to be calmer than when the incident occurred, is rattled like this.
●'Initiation of the incident'
On June 19, when investigator Tae-Woo Kim was scheduled to attend, the defendant's home country first lucked out. The'initiation of the incident' comes from a corrupt intention with political intentions.
Investigator Kim was ordered for investigation and investigation after the prosecution was confirmed through internal inspections by the Blue House, and was subsequently dismissed from the Greatsword and prosecuted. It was this guy who accused me of Yoo Jae-soo in January of last year. In the last general election, he even ran for the United Party candidate.
-Former Minister of the Homeland, attended the 3rd trial on June 19
Former investigator Kim, who failed to appear in the 3rd trial due to a public-related leak leak charges related to the disclosure, responded by attending the 4th trial on the 3rd. The beginning of the incident was that Min Jeong-suk's personal desire to go higher.
When I look at this series, I think that the motherland has listened to a friend's request for his personal success. It is judged that they have wielded public power at will for their success. Isn't this how you wield your power like a personal property?
-Former investigator Kim Tae-woo attended the 4th trial on July 3
The controversy over the launch of the case was expressed on December 26, last year at the arrest warrant for the former homeland arrest. At that time, chief prosecutor Lee Jeong-seop, who was in charge of investigating the fatherland, was reported to appeal to the warrant officer, Deokjin Kwon, of the Seoul Eastern District Court, saying,'Does the judge know that it is not a target investigation?' On the day of the warrant screening, supporters of former Minister Cho, who surrounded the Eastern District Court, held a rally condemning the prosecution's political investigation, and the Blue House and passport officials set the day for an attack on the prosecution. In this situation, the chief prosecutor in charge of the lawsuit protested that it was not a targeted investigation with political intentions.
Prosecutors' protests against the initiation of the case have reappeared in the last four trial courts. As soon as the trial began, the prosecutor began to testify that the investigation and prosecution of the'prosecutor Muma' was something the prosecution could not avoid.
▶Jung-Seop Lee, Manager of the Department of Prosecutors' Office: So, in fact, I'm talking about being a bit unfair. The judge may not do that, but I hope that the background and progress of the investigation will be considered in the words of the investigation team. How can we...
In the claims surrounding the tumultuous'start', we need to organize the timetable of the incident. The following is a summary of important events during the period from the time when the Blue House launched a prosecutor's inspection and the former deputy mayor Yoo Jae-soo resigned after the spy on Yu Jae-soo was obtained.
Around October 2017. Lee Ok-hyun, a member of the Special Superintendent, initiated the
prosecution after acquiring Yu Jae-soo's secret spy . Superintendent Lee In-geol and all the supervisors (10) attended to stop the inspection at the conference
seat 2017.12.14. Yoo, Jae - Soo, FSC Financial Policy Bureau issued the atmosphere
03/20/2018 Yoo Jae-soo submits resignation letter from the Financial Services Commission
2018.03.26. Yoo Jae-soo, Financial Services Commission resignation (retirement)
2018.04.02. Yoo, Jae - Soo, National Policy Committee members moved to the senior professional (Assistant Secretary level)
06/18/2018 Ohgeodon Busan Mayor (Lee), Yoo, Jae - Soo Ministry of market intervention
17/12/2018 Channel A, Yoo Jae-soo's criticism 靑 Report on suspicion of suspected prosecutors' inspection-의
Eui-gyeom will not reveal details regarding personal honor 2018.12.18. Jae-Soo Yoo, Suspected of "Minor Problems in Maintaining the Dignity of Public Officials"-Full Denial of
Announcement-Announcement of Official Entrance to Busan City, Announcement of Full
Refusal of Related Facts Parliament Committee plenary session (imjongseok chief of staff, homeland Min Senior Attendance)
- country, Yoo, Jae - Soo stomach related靑teukgam half Inspector diffuse instruction, and doubts over his wife
- the motherland, "because the civil secretary thread is financial responsible baekwonwoo civil affairs secretary is informed on the financial I did it"
2019.01.07. Free hangukdang, Yoo, Jae - Soo imjongseok country bakhyeongcheol baekwonwoo yiingeol such investigation request form submitted to the charges of dereliction of duty and abuse (Seoul Eastern District Prosecutors' Office)
2/19/2019 former investigator Kim Tae Woo, Yoo, Jae - Soo stomach related靑teukgam class inspection diffuse prosecution.
- country, bakhyeongcheol, yiingeol
Suspicion of misuse, etc., and postponement of work 2019.01.20. TV Chosun reports on ‘Yoo Jae-soo’s criticism 靑 Interim Report on Special Supervisory Inspection'
Jan. 21. Front wife
2019.02.10. Former investigator Kim Tae-woo, press conference of the National Assembly-
"Media reports and suspicions related to Yoo Jae -soo"
2019.02.28. Investigation of alleged investigation by Kim Tae-woo (Seoul Eastern District Prosecutor's Office)
2019.03.16. Investigation of the accused accused by In-Geol Lee (Seoul Eastern Prosecutor's Office)
2019.04.04. Former investigator Kim Tae-woo, complainant investigation (Seoul Eastern District Prosecutor's Office)
2019.08.09. President Moon Jae-in nominates senior
citizen of the country as Minister of Justice 2019.08.14. Submission of a request for a hearing of the motherland to the National Assembly. Raised suspicions related to the
motherland-Yoo Jae-soo's criticism at the time of his senior citizens'
resignation Hosted a hearing of the National Assembly of the
Republic of Korea 2019.09.09. President Moon Jae-in to be appointed as Minister of Justice of Homeland
2019.09.19. Seoul Eastern District Prosecutors' Office, yiingeol ago teukgam principal summoned such investigation is swell
09/28/2019 Seoul Eastern District Prosecutors' Office, Ok-Hyun Lee, Summoned for a Special Class
Member 2019.10.31 Jae-Soo Yoo, Vice Mayor of Busan Metropolitan City Expressed
Prosecutor's Claim Is to see the timeline of the above event as it is. The prosecution's position is that the investigation began before the appointment of Minjung-Soo, the father of the country, to the prosecution of the opposition party and investigator Kim Tae-Woo. Without political intention, it was compelled to prosecute after investigating in a reasonable way.
On the other hand, the former Minister of the Republic of Korea gives meaning to the phase of appointment of the Minister of Justice of the Motherland from August to September 2019. In the hearing, a prosecutor's investigation was conducted against Cho's family, the symbol of the'prosecution reform', and the'prosecutor's murder' case is considered to be part of the investigation.
▶ Former Minister Jo Chil-jun Kim: Although we may not be accurate, we believe that the decision was made not only by the investigating officer, but that the decision of the prosecution would have been made by the prosecution. It is not without. (…) There might have been a legal debate both internally and externally in the judicial review, but nonetheless, we know a number of clues that are likely to reflect the political context in this process of warrant, prosecution, and conviction.
The chief prosecutor's case again responded to the'initiation of the case' because the judge judged that the gaze of suspicion against the prosecution was still unstable, including in the last hearing, the judge raised a problem with the witness and the prosecutor's meeting before attending the trial. I can see.
After the workshop between the prosecution and the lawyers came, Judge Kim Mi-ri commented on the passage of a poem saying,'Don't change your shoes in the melon field, don't change the coffin under the oak tree'. To be careful with each other.
After resolving the'offense of right to abuse abuse rights' into the'abuse of right authority' and'the right to interfere with rights', the'start of the incident ' is what is the'right' and what is'abuse' The rights' continued to be a detailed judicial workshop where the existence existed in the third and fourth trials.
In this fierce judicial workshop, often seeing the same thing and interpreting the opposite is happening, this time over the actions of President Moon Jae-in, who was revealed in the prosecution investigation as a statement by former investigator Kim Tae-woo.
▶Park Hyung-cheol Former anti-corruption secretary attorney: Witness (Kim Tae-woo) said in a prosecution investigation. (...) In September 2018, there was a document that reported the e-payment to the anti-corruption secretary, Min Jeong-suk, the secretary general, and the president, as the deputy general manager drafted Lee In-geol's inspection activity. But why didn't you just receive a resignation letter and investigate?'
▷Former investigator Kim Tae-woo: Yes, I saw the comments of the president. I saw it when there was a special squad.
▶Hyung-Chul Park Former Anti-Corruption Attorney: Did you see the witness yourself?
▷Kim Tae-woo, former investigator: Yes
▶Park Hyeong-cheol, former anti-corruption secretary Attorney: If there was a case in which the resignation was received, there was a case in which the resignation itself was recognized as a result of the inspection. (…) According to this, the President's approval was not the same, and accordingly, the resignation was not recognized as an action according to the results of the inspection.
▷Kim Tae-woo, former investigator: I don't think so. I think it is wrong.
Investigator Kim Tae-woo claimed that'in other cases, when President Moon Jae-in received only his resignation after the prosecution, it proves that it is unreasonable not to spy on the prosecution matters'. On the other hand, Park Hyeong-cheol, a lawyer for the former anti-corruption secretary, insisted that'because I have only received resignation after the prosecution before, shows that this kind of discretionary exercise is possible'.
This anecdote, revealed through trial, shows that evaluating decisions made in the Blue House's Civil Affairs Office is not a simple matter. The actor thinks that his judgment is based on political grounds, but the president, the top decision maker, asks questions about the grounds for the decision, and on the other side, claims that the judgment is wrong. Kim Ki-chun, a former secretary-general of the secretary-general, who claimed that the Ministry of Culture's blacklisting was'an advanced policy act', posted on SNS on the day that former Secretary of State Cho was arrested and arrested, and the decision of former Secretary of State Jo was not pursuing a political basis. It was also claimed.
In short, in the case of an action that requires a high level of policy decision, it is my (Kim Ki-chun case) argument that judicial review should be restrained if a government official (president, lawmaker, etc.) decides it according to the'political judgment'. .
I don't know if my country makes this claim by borrowing the content of the lawyer's opinion I wrote, but at least if I use the term political judgment for the same purpose, it has the following problems.
This is because, in the case of the Motherland case, there is more room to be considered as using the authority of the office of the Presidential Office for Civil Affairs of the Government, for the sake of private interests, for the sake of personal interests and protection, rather than for this high-level policy decision.
Therefore, the possibility that such abuse of authority is considered as a political judgment is much narrower than the case I argued before.
-Last December 26, Byun Eun-suk lawyer SNS
It was the revelation of former investigator Kim Tae-woo that the case was known to the world, but the ultimate initiation of the event was the so-called'political judgment' of Cho, who decided to end the inspection. Independent of whether or not criminal punishment is needed, a comprehensive assessment of whether this'judgment' is legitimate requires an explanation of what the'political basis' of the judgment was. Beyond the'exercise of the powers of the civil administration' and'there is no legal obstruction of the right to abuse the authority', the parties' explanation of'what political necessity was to end the inspection of Yoo Jae-soo'?
This is also legally used as a material to judge whether the ex officio exercised by former Minister Cho was abused, but it is also important as a material for historical evaluation of the past judgments of politically influential figures. In that sense, it remains unfortunate that the former Minister's explanation of what was the political basis for the judgment at the time was not revealed despite the inquiries of the National Assembly, numerous press conferences and hearings. In the past 3rd and 4th trials, only the attack by the opposition of former Minister Cho said that it was for the sake of personal prowess regarding the basis of the political judgment of the fatherland.
● People who were worried about
the'new rules' Attorney Kim Mo, who had a two-person, one-man relationship with Aunt Special Director who directly monitored Yoo Jae-soo, and investigator Kim Tae-woo and another investigator Park Mo, investigator at the fourth trial Came out. Although investigator Kim Tae-woo, the first exposer and YouTuber with 600,000 subscribers, used much more volatile expressions, they all testified to a similar purpose. 'I thought that Yoo Jae-soo's charges of criticism at the time weren't the end of the resignation.'
However, there was a prominent passage among these testimonies. At that time, the members of the special task force shared the idea that'if you don't continue to investigate the suspicion of Yoo Jae-soo, it could be a problem later'.
▷Former Special Superintendent Park Mo: When I put together the words I heard from the person in charge, my personal subject is, ah, this will be a problem later... I heard that personal thought.
▶ Prosecutors: If you look at the statements made by the witness prosecution, are you saying that this is not a problem at the place of drinking or sharing a message with the words'Isn't this a problem later?'
▷Former Special Assistant Class Member Park Mo: Personal feelings are so.
▶ Former Minister of the Homeland Attorney: The witness said,'Isn't this a problem later' while talking to other team members? Does this mean'I can come to a political offense because I've seen it later?' Or does this mean that Ok-Hyun Lee wants to inspect it, but can stop the inspection from the top line and become an abuse of victims of Ok-Hyun Lee?
▷Former special class member Park Mo: It can have many meanings. Anyway, Yoo Jae-soo's case has been revealed. It is this dimension that can be problematic in this way.
▶ Former Minister of the Homeland: Attorney: What problem are you in trial? Or the media reports that the Blue House was watching?
▷Former special class member Park Mo: There can be many things. If it is not punished, it will become another social problem by adding more and more evil. Several problems can arise. If you cover your stomach without reflection, you may have a bigger problem.
▶Former Minister of Homeland Lawyers: Can Yoo Jae-soo defend himself in a higher position?
▷Former special class member Park Mo: There may be several problems. It's all inclusive.
These testimonies suggest that the then-executive class members were conscious of the law of abuse of authority that became the'new standard' after the candlelight revolution. The effect of the abuse of power, which led to the emergence of a new order of power by criminally condemning the past government's key figures, going beyond the change of power in the candlelight revolution and election victory. Like Boomerang, the trial of charges of abuse of authority returned to Moon Jae-in government officials is another process of judicial interpretation of this'new rule'. Just as Park's former former Assistant Superintendent, who sits on the witness stand, another legal judgment on the abuse of authority will have a significant impact on the performance of other public officials.
● Differences in admission between surfaced defendants The
defendants have slightly different positions. In the prosecution investigation process, it was reported that the positions of prosecutors such as former deputy chief Lee In-geol and former anti-corruption secretary Park Hyung-cheol were different from those of secretaries such as Motherland and Baek Won-woo.
Differences in the position of the defendants were also revealed before the trial began. Park Hyung-cheol, a former attorney for anti-corruption, claimed that Park was a victim, not an accomplice of abuse. The difference in position among the defendants was once again revealed in the fourth trial. The following is from the witness newspaper of a former secretary attorney Park.
▶ Former Minister of Homeland Lawyer: Lastly, I will ask only one. I don't know if you're a witness, but the witness said to Baek Won-woo, who the defendant Park Hyung-cheol said,'I'm sorry about Yoo Jae-soo'. So please convince your brother to attend Yoo Jae-soo and submit the data.' Do you know that you have made multiple requests for this purpose?
▷Kim Tae-woo, former investigator: I don't know.
In other words, the anti-corruption secretary at the time of Park Hyung-cheol said that if Yoo Jae-soo did not respond to the prosecution, he made his own efforts to continue the inspection. Park's former secretary reiterated the allegation that he was a victim of abuse, not an accomplice of abuse.
The difference between these positions stems from the position of Baek Won-woo's private secretary at the time. According to the former Blue House special committee member, the 15-member special committee from the Park Geun-hye administration was divided into nine under the anti-corruption secretary and six under the civilian secretary. In this case, it was investigated that the civil affairs secretary at the time of Baek Won-woo was post-processed in connection with the inspection conducted by the special committee under the anti-corruption secretary.
With this in mind, the prosecution suggested that it was based on the <President's Secretariat's Work Division Table> attached to the <Article 11 of the Regulations on the Operation of the President's Office> submitted to the National Assembly. According to the table, the special squad is only marked as belonging to the anti-corruption secretary, and it appears to be an exclusive area of work with the civilian secretary's office. For this reason, the secretary's involvement with the secretary's supervisory affairs at the time was the reason that it could be abuse of authority beyond the authority.
On the other hand, former secretary Baek Won-woo said that the table presented by the prosecution is only a supplementary data attached separately, and according to the official regulation <President's Secretariat>, the special supervisory group countered that the civilian secretary is not an exclusive organization that cannot intervene.
Article 7 (Special Supervisory Board) ① Under the command of the President, a special supervisory board is set up in the Presidential Secretariat to carry out inspection work for the following persons.
1. High-ranking officials belonging to the executive branch appointed by the
Heads and officers of public institutions and organizations appointed by the President 3. Relatives of the President and those who have special relations with the President The judgment of the special supervisory board at that time is another current government. This is a sensitive issue that can also affect the trial of the suspected suspicion of abuse of the subject, the suspicion of the investigation of Hamyeong in Ulsan. This is because the allegations of'abuse of authority beyond the scope of authority' have been raised around the opposition party regarding the information sent by the deputy mayor of Ulsan, before Song Byung-ki, in the form of espionage by the administrators of the civilian secretariat, not the anti-corruption secretary's office.
As the trial progresses, the functions of the jury workshop become more complicated. At the 5th trial held this Friday, people from Yu Jae-soo, a member of Yu Won-soo's circle and the Financial Services Commission, who were contacted by the secretary of the private affairs at the time of Baek Won-woo, will attend as witnesses. The court's time has now passed beyond the Blue House special task force.
▶ [Report File] Minjung Susuk, between Temperance and Intervention ①
▶ [Report File] Minjung Susuk, between Temperance and Intervention ②