'Reservation Department'. It was a word that always caught up with the news about the high-ranking officials criminal investigation agency last week. The word, saying that the legal professions are also unfamiliar, came from Kim Jin-wook, the chief of public affairs. Lee Seong-yoon, the Seoul Central District Prosecutor's Office, said that the investigation of'Illegal Withdrawal of Kim Hak' was blocked from the prosecutor's office, and the airlift that sent it back to the prosecution said,'We will judge whether or not to prosecute. Confronted with strong opposition from the prosecution, the Ministry of Public Service decided to promote the'referral to the retainer' through amendment of the law. However, it is unclear whether the airlift's intentions will be easily implemented, and the debate is likely to continue.
The controversy over the'reserved wives' controversy, which is reported day after day, is a legal debate on the outside, but there are various contexts behind it. These include the power struggle between the newly created investigative agency and the prosecution, the future rise of the Central District Prosecutors' Office, Lee Seong-yoon, who has emerged as a candidate for the prosecutor general, and the changes in the perception of power in the future. But aside from all these complexities, the meaning of this'reserved spouse' controversy for ordinary people is actually simple. The question is,'Is this debate going in a direction that really helps to establish a judicial system that will strictly screen off crimes of high-ranking officials?' Prosecutor General Lee Seong-yoon fulfills his dream of the prosecutor general through'reservation-in-law' because it is difficult to have more meaning than consuming gossip for ordinary people who live in a busy daily life.
In this report file, along with the back side of the'reservation-widow' controversy,Let's see if this debate is going in a meaningful way in the lives of ordinary people, not high-ranking officials and legal professionals.
Why are you so noisy,'Reservation wife's wife'?
'Reservation department transfer' means that the airlift will transfer the case to the prosecution, but reserve the authority to prosecute.
In other words, it also means that the authority to prosecute crimes of high-ranking officials, including prosecutors, is final and prioritized.
Violent backlash is erupting within the prosecution.
In addition to the Suwon District Prosecutor's Office, Lee Jeong-seop, the 3rd department prosecutor of the Suwon District Prosecutor's Office, as well as Suwon District Prosecutor's Office Public Affairs Officer Kang Soo-Sanna posted a criticism of the ``reservation department transference'' on the prosecution's internal network, and the Supreme Gumdo Air Service Department's opposition to the ``reservation department transference'' officially. I delivered it.
The prosecution's strong opposition is that if the'reservation department transfer' becomes possible, the airlift may function like the prosecution's higher level agency.
This perspective is evident in a seven-page review report posted on the prosecution's internal network by Suwon District Prosecutor's Office Public Affairs Officer Kang Susanna.
Prosecutor Kang presupposes that in the report,'Article 17 of the Public Service Act specifies that prosecutors and policemen are not subject to investigation command, but subject to request for cooperation', and'The revised Prosecutor's Office Act has regulations restricting crimes subject to the prosecutor's investigation commencement. There are no rules limiting the scope of prosecution.'
At the same time, he said,'The airborne agency is an agency that has only the authority to investigate a limited range of targets and crimes, and to prosecute some of them, and is not a commanding agency for prosecutors and policemen by law.'
The assertion that'the authority to investigate the case will be given back for a while, but the airlift will have the authority to prosecute' is that the prosecution is actually going to'direct the investigation', which is unacceptable from the prosecution's point of view.
In this way, behind the debate about'referential widow', there is also a fight of pride that the prosecution and airlift agencies cannot concession over the core area of the'right to prosecute'.
Is there any real interest in discussing the revision of the retainer's transference law?
Regarding the issue of “referring to the retainer,” which has a sharp issue with the prosecution, the Ministry of Public Affairs initially sought to approach the revision of internal rules that did not require the passage of the National Assembly. However, even the advisory committee of the Ministry of Public Service, composed of experts from various fields, has concluded that a revision of the law is necessary in order to realize the authority of'referring to the retainer. However, the problem is that the discussion of law reform is not that simple.
First of all, it is not a simple matter legally. There are many opinions in the legal community that it is difficult to achieve the authority of the airlifter's'reservation department transfer' just by partially amending the provisions of the airlifting law. An attorney who has served as both a prosecutor and a judge said, "As for basic rights, guarantees are the principle and restrictions are exceptions, so it is desirable that the role of the airlift in pre-trial criminal proceedings falls within exceptions rather than principles, and widens the exceptions. The premise that "No" was premised, "with the Criminal Procedure Act, which does not limit the prosecutor's right to prosecute the prosecutors at the prosecutors' office, and partially depriving or restricting the prosecutor's right to prosecute only by amendment of the law of the public prosecutors at the prosecutors' office is seen as a standard of principle and exception, but the legal system. "It's inappropriate." In addition, "The Ministry of Public Service was established as a check agency to solve problems such as some dysfunctions or abuse of authority of the prosecution, but it was not designed to be a superior institution on the rooftop." It also conflicts with the prosecutor's office's law that it can be done, and furthermore, it seems to be highly unconstitutional.”
Attorney Yang Hong-seok, who has consistently commented on the reform work of the investigative agency, said, "I think that it is possible if the law of public prosecution is revised very well". "Considering that the level of legislation in Korea is not very high, it is better to revise the law at the Prosecutors' Office as a package. "That's right." He also added, "If the airlifter has the right to prosecute, the criminal procedure law should also include detailed rules related to airlifting."
In the process of revising the'Reservation Department Transfer' law, there is a possibility that the airlift will be again caught up in controversy over unconstitutionality. In January, the Constitutional Court, which decided that the Airlift Act was constitutional, stated in its decision,'No state agency is based on the Constitution, but has a one-sided advantage over other state agencies, or functions belonging to other state agencies based on the Constitution and laws. He said, "It is difficult to say that the airlifting agency has a one-sided advantage over other state agencies, so the airlifting agency law is not contrary to the principle of separation of powers." However, if the airborne ministry has the right to prosecute crimes of high-ranking officials, there is a high possibility of another attack by the opposing forces that the airlift will have a'higher institutionality' that is not based on the constitution.
It's not that simple politically. The airlift, which suffered a measles once in the process of its inauguration, will once again be on the cutting board in the political world over the issue of amendments to the law before properly investigating. The ruling party will hear the cause of completing the'Prosecution Reform', but there are too many levers for attacks that the other side can use. From the attack of the opposition party called'Bulletproof Revision' for District Prosecutor General Lee Seong-yoon, who is at the core of the political bias controversy,'Why, why, a son from a Democratic Party politician was hired as a secretary the day after the inauguration of the Minister of Airborne Affairs, and why Hapil was an assistant to the Democratic Party's lawmaker as the first prosecutor of the airlift. Until the offensive on whether the defenders of Democratic Party lawmakers who served in the country were appointed. The head of the Air Defense Department has already given too much room for attack to the opponent during the initial operation. From the point of view of the airlifter, these attacks may feel like'unfair airlifter shaking', but in fact, it is difficult to have more meaning than the complaining from the rubble. It is because the role of the first air defense officer with a historical mission is to break through the enemy's offensive and achieve the purpose of the institution, in a situation where it was expected that the air defense agency would be exposed to considerable interference and attack at the beginning of its inauguration.
In this situation, in order to revise the law for “referral to retained wealth,” the lost passport in the by-election must again devote considerable political resources.
In the process, the airborne ministry will also have to devote a large part of its organizational capabilities to activities to elicit political support rather than'investigation of high-ranking public officials'.
Eventually, even after half a year from its inauguration, it is highly likely that the air defense agency will appear on the news as a'political agency' rather than a'investigation agency'.
It is a direction that is becoming increasingly far from the original goal of the airlift to secure trust and authority based on'political neutrality', and to strict offenses of high-ranking officials.
In order not to become an empty slogan,'Hoshi-friendliness' by the Minister of Public Affairs Kim Jin-wook
Airborne Minister Kim Jin-wook said, "Let's work hard on the job with the attitude of'Hoshiu-haeng (虎視牛行)'
By the way, the luck of moving slowly like a cow is meaningful when it is a subjective and spontaneous luck.
If the organization's actions become an unwanted deed due to a self-initiated stumbling block, no matter how much he looks like a tiger, giving meaning to the deed may be a kind of mental victory.
In that sense, the Minister of Public Service should look back on several points about the process by which the Ministry of Public Affairs was caught in political controversy through the mediation of'Lee Seong-yoon's transfer of reservations.
First of all, we need to look back to see if the Minister of Airborne properly recognizes the'core values' that are the same as the reason for the existence of the Ministry of Public Transport.
The core value that must be achieved by the airlift is'securing political neutrality' first.
The Airborne Ministry was launched based on criticism that the prosecution was politically investigating a case involving high-ranking officials.
However, criticism mixed with concern that'the airborne will become the government's escort investigation site' due to inexperience in the birth process has been raised not only by the conservatives but also by progressive lawyers.
The public's great attention was drawn to what these airlifters would do with the first investigation and prosecution, and this was something that Kim Jin-wook, the chief of the airlift, was well aware of.
"In case No. 1 will keep all possibilities open. However, we will not consider political considerations and will be based on facts and laws." -Kim Jin-wook, head of the National Assembly on January 19th,
"Equality and law in front of the law that no one can exist above the law. The principle of rule of law is implemented, and Kisoray will be able to gain the public's trust only through the investigation and Kisoray that keeps the political neutrality of the people, neither on the side of the ruling party nor on the side of the opposition party.” -Kim Jin-wook, inauguration ceremony on January 21
However, while the air defense agency returned the case of Prosecutor Lee Seong-yoon and Prosecutor Lee Gyu-won, which was self-evident, to become a political controversy, it took out a'reservation bureau' card saying that the prosecution decision would be made by the air guard. It wasn't that the public prosecutors were completely responsible for the investigation and prosecution of the case that would have a political impact, and it was a decision that the airborne ministry could not make a substantial contribution to uncovering the reality of the case. The prosecution's opposition to the prosecution's opposition to the ambiguous choices that are not even doctriners has increased, and the airlift has been at the center of'political controversy' instead of'investigation'. The agency's leadership should be clearly aware of the priorities of the values that the agency should pursue in a given setting. However, the desire to'be involved in the 1st case with a sense of presence' was mixed with the top priority value of'securing political neutrality', and the Ministry of Airborne incurred hardships on its own.
Another value of existence that the airlift must not lose is the strict criminal prosecution. As the ruling party, which promoted the air defense agency, argued, the airlift agency is an institution designed to strictly investigate'prosecutor's crimes', especially among high-ranking public officials. The agency was created to clear the public concern that the prosecution'wraps around my family'. Initially, although it is not possible to directly strict the charges of prosecution due to the constraints of realistic conditions, at least the ‘look’ or ‘image’ that the airlifters are willing to strict prosecution crimes must be shown to the public. However, among the cases returned to the prosecution, the air defense agency, which insists that it will try to prosecute the prosecutor's office, Lee Seong-yoon, has not been able to provide a clear explanation for what this is for. Looking at the record of the case that was transferred, is it not desirable for the prosecution to prosecute the case of Prosecutor Lee Seong-yoon specifically, or is there a legitimate justification for the airlift to exercise the power of prosecution in the case of the Prosecutor's Office of Lee Seong-yoon? It has been a month of controversy, but nothing has been said.
In a similar vein, it is difficult to understand that the Seoul Central District Prosecutor's Office is taking time for nearly a month to investigate the case of prosecutor Lee Gyu-won, who was transferred by the Seoul Central District Prosecutors' Office. In light of the fact that the prosecution decides whether to request and dismiss a warrant filed by the police within a day or two, and the court decides whether to issue a warrant by setting a warrant examination date within a day or two for a warrant filed by the prosecution, these prosecutors It is quite a contradiction that it takes so many days to deal with the suspects. Although the air defense agency claims to be a'human rights-friendly investigative body', this does not mean that the human rights of'prosecutor suspects' in the investigation process should be specifically guaranteed more than the human rights of ordinary people. This move, which seems to have forgotten what is the essence of the airlift's expectations, will set a bad precedent even when it comes to investigating other prosecutors' crimes in the future.
We must also look back on the level of reality perception of the Director of the Airborne himself. At the beginning of the inauguration, Kim Jin-wook, the head of the public prosecutor's office, spoke a lot of good things while visiting the prosecutors' office and the police. The word'cooperation' was usually found in those words. However, it is like a fairy tale that expects the investigative agencies that are building up the existing territory to cooperate in a philanthropic manner to a new organization that has not yet taken a seat. More efforts were needed, whether it was to find a point of interest between institutions, or to express a willingness to actually cooperate with time and effort. However, without sufficient consultation with the prosecutors' office, the prosecutor's office suddenly pulled out a'reserved spouse' card, which had the opposite interest from the prosecution's point of view.
If the prosecution at the beginning of its inauguration, who had no choice but to stand in the face of the air defense department, responded to the card he suddenly drew and thought that the matter would be dealt with quietly, it is worth considering whether the air defense officer perceived the reality too beautifully. If you anticipate the prosecution's backlash and pull out the'reserved copy' card, if there is no additional card to take out after the prosecution's attack, it is time to look back on the precision of the judgment. Sulik pulls out the'Lee Seong-yoon's reservations' card, and the situation where the obsession is prolonged even though there is no proper breakthrough makes it difficult to raise suspicion that there is a problem with the reality perception of the Minister of Public Affairs.
Yesterday (17th), the prosecution, who summoned Prosecutor Lee Seong-yoon for more than eight hours, now has virtually all requirements to prosecute Prosecutor Lee Seong-yoon. If the prosecution decides to prosecute Chief Prosecutor Lee Seong-yoon despite the request for the'reservation department transfer' from the air defense department, the air defense department in the defensive battle will miss even Silly. However, even if the Ministry of Public Affairs misses both the justification and practicality, you must learn only lessons about what was lacking in the process of claiming'Lee Seong-yoon's reservations'. And based on this, the controversy over the'reservation department transfer' and the decision to transfer prosecutor Lee Gyu-won must show a slightly different aspect. Otherwise, in the early days of its inauguration, the actions of the Airborne Department, which are turning expectations into disappointment, may become more and more bogged down. And the subsequent misfortune of the airlift will soon be the misfortune of the citizens who are paying taxes on the maintenance and operation of the airlift.
(Photo = Yonhap News)