Prime Minister Chung Sye-gyun yesterday (8th) called Nam Gu-jun, head of the National Investigation Headquarters, who had worked at the current government's Blue House, to the office, and ordered the expansion and reorganization of the'Real Estate Speculation Special Investigation Group' of the National Investigation Headquarters into the joint government special investigative headquarters.
He explained that not only the national investigation headquarters of the police, but also various related organizations such as the National Tax Service and the Financial Services Commission will participate in the special investigation headquarters.
However, when I heard Prime Minister Jeong Sye-gyun's instructions through the media, I had a question.
It was difficult to understand why the government joint special investigative headquarters was missing the prosecution, a key government agency related to law enforcement.'Savings Bank Corruption Government Joint Investigation Team' (2012) or'Sewol Ferry Disaster Prosecutors' Joint Investigation Headquarters' (2014) This was a more incomprehensible measure considering that the prosecution had rarely been excluded until now when the headquarters of the investigation into an important issue of national interest was established.
● Prime Minister Sye-gyun Chung "(LH suspicion) A
hint was found in Prime Minister Jeong Sye-gyun's explanation of the significance of the government joint special investigative headquarters.
Prime Minister Chung said, "Private economic cases such as real estate speculation are the core investigation area of the police according to the adjustment of the prosecutor's office and will be a measure of the police investigation capabilities." I will keep in mind that I have risen, and I will focus all my investigative capabilities with extraordinary determination."
Investigation and prosecution have been separated, and the prosecution's investigation command has been abolished, and after the current government's control of the prosecutor's right to investigate the police has become independent from the prosecution, it is considered that'investigation' is not the area of the prosecution. It was interpreted to mean that the police (guksubon) took the lead, not including the prosecution at the headquarters.
Allegations of real estate speculation, which are the main crimes to be investigated by the Joint Government Special Investigations Headquarters, are not included in the six major crimes permitted by prosecutors to investigate directly under the revised Prosecutors' Office Act.
This means that under the current legal system, prosecutors cannot directly investigate criminal charges related to real estate speculation.
From this point alone, it seems convincing that the government's joint special investigative headquarters ruled out the prosecution.
However, when I see that the IRS and the Financial Services Commission are included in the joint government special investigation headquarters, questions arise again.
This is because the IRS and the Financial Services Commission are only special judicial police officers who can only investigate charges related to tax evasion or capital market law, and they do not have the same authority as prosecutors to investigate crimes related to real estate speculation, the main suspicion.
Of course, regardless of the investigative authority, there is a reason for the IRS or the Financial Services Commission to participate in the joint investigation headquarters.
This is because the participation of the IRS or the Financial Services Commission is required for fund tracking.
Because IRS or FSC employees have access to tax data or records of financial transactions, they can track a large portion of them without a court-issued warrant.
This is why many investigative agencies wish to dispatch employees of the IRS or the Financial Services Commission when investigating an important fund flow.
● Absent because you do not have the right to investigate
Why is the National Tax Service and Financial Services Commission?
However, it is more difficult to understand that the prosecution was excluded from the joint investigation headquarters if an employee of the National Tax Service or the Financial Services Commission, who does not have the right to directly investigate violations of real estate-related laws, participates in the joint special investigation headquarters because of the need for investigation.
This is because, as everyone knows, the prosecution's ability to claim warrants plays a key role in the investigation process.
In addition, since the purpose of the investigation is to eventually prosecute the suspect and convict in court, it is necessary to present the legal direction of the prosecutor, who must argue innocence with a lawyer in the court in order to conduct a'convict investigation' on a complex crime charge. Do it.
Even if the police are in charge of the investigation, the reason why the prosecution should participate in the joint government investigation headquarters on serious matters becomes clearer by looking at the case of the United States, which is called a separate country for investigation and prosecution.
Contrary to some distorted claims, US federal prosecutors often investigate serious matters directly.
However, in normal cases, federal prosecutors in the United States work in collaboration with law enforcement agencies, such as the FBI, who are responsible for practical investigations.
When a national issue arises and a joint government investigative headquarters including several related agencies is formed, the federal prosecutor leads the investigative headquarters, requests a warrant from the judge, and provides the legal direction for convicting after prosecution from the investigation stage. .
● A federal prosecutor in the United States, where'investigation and prosecution are separated' is also led by the investigative headquarters.
For example, let's look at a press release that was posted on January 29th this year on the website of the US Department of Justice.
"United States Attorney's Office Launches Law Enforcement Task Force Focused on Human Trafficking."
The federal prosecutors' office in upstate New York, USA, has formed a joint task force, together with other agencies, to investigate crimes in human trafficking.
Participating agencies are the FBI, the Department of Homeland Security Investigation, Drug Enforcement, New York State Police, and Sheriff's Office.
According to the press release, Lenseller's Sheriff Patrick Rousseau said, "I applaud the US Federal Attorney for taking the lead (in the investigation of human trafficking) and we will help in any way we can."
It is not unusual for the U.S. federal prosecutors to lead the joint government investigation headquarters.
A press release posted on the US Department of Justice website on May 15, 2020 also reads, "Federal Attorney McAllister Announces the Formation of the Corona 19-related Fraud Investigation Headquarters in Kansas. US Attorney McAllister Announces Kansas Covid-19 Fraud Task Force." .
Participating agencies specified in the press release are the FBI, the Ministry of Labor, the Environmental Agency, the Food and Drug Administration (FDA), and the IRS.
Although the United States is known as a separate country for investigation and prosecution, it is taken for granted that federal prosecutors participate in and lead the joint government investigation headquarters.
Prosecutors form an investigation headquarters and collaborate with the police, which can be found not only in the United States, but also in German and French prosecutors.
Prosecutors in Germany or France exercise the power of investigation or command of investigation, but they are usually referred to as "Kopf ohne Hände" because they do not have practical investigative personnel and usually only direct police investigations.
However, when a particular national problem arises, the prosecution, a "headless head" and a policeman, "headless limbs," form a team to investigate.
In 2015, when the suspicion of manipulating Volkswagen's emissions was raised, the German prosecution and police investigated one example.
● The possibility of '6 major crimes' being investigated by the prosecutor was excluded from the beginning?
Looking at the cases of the United States and Germany, where investigations and prosecutions are classified as separate countries, allegations of real estate speculation related to LH ordered by the Prime Minister to "concentrate all investigative capabilities with an emergency resolution" one month before the large by-election. It is difficult to understand why the prosecution was excluded from the joint government investigation headquarters in the case.
Some diagnosed that this happened because the scope of the prosecution's direct investigation was limited to six major crimes through the adjustment of the prosecutor's right to investigate, but real estate that plays a key role in investigations such as warrant request or prosecution in the yard where the Financial Services Commission and the National Tax Service also participate. There is no reason for the prosecution to be excluded just because there is no direct investigation authority for speculative crimes.
Regardless of the current government's reconciliation of prosecutors' authority or the separation of investigation and prosecution, it means that the prosecution's participation in the joint investigation headquarters is essential.
In addition, if Prime Minister Jeong Sye-gyun's remarks that he would seek a serious crime if a public official is found in the course of the investigation are sincere, a prosecutor who can directly investigate the six major crimes, such as bribery of over 30 million won or malpractice of over 500 million won by public officials. Wouldn't it be natural to participate in the joint government special investigation headquarters?
Rather, the exclusion of prosecutors from the investigation headquarters might give an erroneous signal that the current government is not considering the six major crimes of public officials ahead of the election.
● Why do you say "we need organic cooperation between the prosecution and the police"?
Just by looking at President Moon Jae-in's remarks, it is very clear why the prosecution should participate in the joint government investigation headquarters.
President Moon Jae-in said, "It is the first case that requires organic cooperation between the prosecution and the police," at a job report held by the Ministry of Justice and the Ministry of Public Administration and Security held yesterday (8th). , Now we need to maximize the response capacity of the national investigative agency through organic cooperation."
The prosecution also ordered, "Please consult with the police more closely in discussions to share investigation know-how and techniques, and to establish the direction of the investigation."
According to President Moon's words, organic cooperation between the prosecution and the police is essential to investigate allegations of LH-related real estate speculation.
Still, why should we understand why the prosecution was not involved in the joint government investigation headquarters?
Organic cooperation is important, but what is the reason for excluding it from the joint investigation headquarters?
As the ruling party politicians have emphasized several times, the prosecution is also an external agency belonging to the administration, so why should it be considered as the reason for the exclusion of the administration agency, which plays a key function related to investigation, at the time of "maximizing response capacity"?
● Is it because of the rhetoric of'separation between investigation and prosecution'?
if not…
The purpose of any criminal investigation is to prosecute the suspect, bring him to court, and convict him.
(Or, through investigation, the suspect's innocence is confirmed and the charges are dismissed.) It is up to the prosecutor to request a warrant necessary for a forced investigation, and to prosecute the suspect and to be convicted in court.
Therefore, the prosecutor must give a direction to the judicial police as to what conditions are necessary to obtain a warrant from the judge, and what evidence must be collected in order to be convicted after setting the suspect in court. Judicial police officers also need directions from prosecutors for complex and serious crimes.
This is common in most countries with modern criminal justice systems, whether in the United States, France or Germany.
In common sense, it is difficult to understand that the prosecution was excluded from the joint government investigation headquarters, which was formed to investigate special crime allegations with national attention.
Moreover, given the reality that the prosecution took over the direct investigation of serious crimes not long ago, it would be appropriate to join the prosecutor to the joint investigation headquarters in order to utilize the capacity to investigate serious crimes accumulated in the prosecution.
Regarding the meaning of the government's joint special investigative headquarters, ignoring too natural measures, it stipulates that "Private economic incidents such as real estate speculation are the core investigation area of the police according to the adjustment of the prosecutor's right to investigate and will be a measure of the police investigation capability" (Prime Minister Jeong Sye-gyun). It has to be assessed as distorting the way of resolving important national issues in order to emphasize the current government's rhetoric of'separation between investigation and prosecution'.
If not, is there any special reason to exclude the prosecution of today, where unlike in the past, there is no law that only investigates as the government wishes?
●'What would have happened if the prosecution had investigated'...
Will it happen in reality?
Last night, I would like to introduce an article posted on the Internet community last night.
The author introduced himself as a prosecution investigator.
However, as a result of checking with multiple prosecutors investigators and prosecutors, I said that from the content of the article, I had no choice but to see it as a prosecutor (or prosecutor) with experience in investigating.
It seems that this article cannot be written unless you are familiar with the practice of investigation.
(Additional: This article is said to have been originally posted on the'Blind', an anonymous community of employees that can be used after the Supreme Prosecutors' Office employee authentication.) In
this article, the items
listed as'If the
prosecution had investigated, would have already undertaken', related to the approval line designated by the new city It remains to be seen whether forced investigations will be put into action by the joint government special investigation headquarters in the future, and whether people who are found to have actually abused their authority can be brought to court and convicted.
-LH Gate investigation method suggested by the prosecution investigator / On March 8, 2021, on 21.2.24, Minister Byeon announced a new public housing plan to expand the supply of housing in metropolitan areas, and immediately raised suspicion of LH speculation in Minbyun ! ! From now on, the prosecution is said to be absent, so we are watching and writing a word about the situation so far. This investigation is ruined ㅋㅋ You're ruined The police will think the same. I'll explain why... Now, what the President has done is a full-scale investigation of land transactions in the 3rd new town including Siheung, Gwangmyeong, check the borrowed name transaction, and match the registered copy with the lh employee. , Prime Minister Chung's embarrassment of speculative employees, and this is all useless. It's futile. The media outlets and apprentices can do it. Really, this can be done after some investigation. You can check that anytime. If the prosecution did it, or if Han Dong-hoon did it, then today, the Ministry of Land, Infrastructure and Transport, LH. Gwangmyeong Siheung Real estate industry would have entered a massive seizure and search Why?? Since there is no need for a full- scale survey above , the person who divided this into two teams first drafted the district unit plan, drafted the interim approval, the line for final approval, and the person who shared this information. The person who made the detailed plans for the related district plan. The approval line that was set up as a home in 2011, lifted it, and pushed forward again, the department and the person who decided that Gwangmyeong was more suitable than the other Namyangju, Goyang. Considering that this information may have been leaked, the company's messenger e-mail, official approval line, and the communication of the person in charge for a year should be confiscated first. This is the top priority. The other team's last five years Gwangmyeong Siheung land transactions contractors banking seizure and search by checking connections account and the money will come to whom land transactions delivered the final table created to go along keep the deposit account is so gadaga a transparent track is more than two teams investigation elapsed Director When you see a series of flows, you can say hey here, and if you set the direction, you will go as it is. That is what will come out after a full investigation of land transactions . For two months, only the staff of Pyramid are bloody. Because the seniors above, it would have been done below, and the seniors are going to get out of the car with a smart name and only the juniors will be taken. President Yoon said yesterday by stealing public information... Time to inflict damage to the people and destroy the evidence. It earns me..... Here's the answer... Right now, the kids who traded in the land were traced back to the financial transaction, so I'll call it right away and be evacuated. Then I heard from whom I heard from whom. I have to say, so I have to do this quickly. What are the kids who traded in land now? This area was designated as a home in 2011 and then canceled, so I looked at it later and invested. I didn't know this decision. I decided to say that. If you come out, you are all innocent even if you do a full investigation!!! It ends with being 100% innocent. Now what to write back to each other IOU each other not evidence you delete the email send and receive confirmation and payment kicks is the sun so that the investigation should call before I do that discussion now controversial naonjiga time nya, billing warrant to organize a weekend, for By the at least today, warrant receive gayaji ingest four Wondering what can you want to create a joint ???? The housing payment line draft lines to identify and email, billing documents, light Shiheung final decision about the documents seized ought to receive any Submission you doing Can I Check to trade so ready to give anything alatdeoni census and Car name .... that really geulreot I write in this frustration. I'm going to do something with the National Tax Service and financial violations, but if you send me an official letter and ask for a reply, I'll give it to you right away. The IRS financial committee is also busy. This is Gwangmyeong. We have to call the settlement line that we decided... What is the reason for the decision? So, if you're sure you're secure, don't you and your relatives agree to financial transactions, land transactions, and voluntary e-mail submissions? If you check the line like this, it will automatically appear at the bottom, so what do you do if you reveal that... I'm just innocent because I judged it, so I'm innocent. There are too many prosecutors and investigators who want to do this . It 's a pity... The rule of law is breaking... |
[Reference 1] Press Release of the US Federal Prosecutors' Office on the formation of the Joint Trafficking Investigation Headquarters
[Reference 2] Press Release of the US Federal Prosecutors' Office on the formation of the Joint Fraud Investigation Center in Kansas Corona 19
(Photo = Yonhap News)