▲ On the 15th, the Democratic Party of Korea held a general meeting of lawmakers to propose the ‘examination and overhaul’ bill. ⓒNew Daily
As the reality of the ‘examination and overhaul’ bill adopted by the Democratic Party as its party argument was revealed, the legal world is showing an even more incensed look.
According to the legal community on the 16th, legal figures, including the incumbent prosecutor, lawyers, etc., are criticizing the Democratic Party’s oversight bill as ‘rags’ and ‘police show’. In particular, cooperation seems to be in full swing as they share each other’s positions regardless of origin and affiliation, and re-spread through SNS.
After the Supreme Prosecutor’s Office, Prosecutor General Kim Oh-su, and Justice Minister candidate Han Dong-hoon expressed their strong stance the day before, the procession of ‘blocking inspections’ is spreading throughout the legal world.
“The rags bill that is poorly listed”… “Only criminals taste good”
Kim Ye-won, a lawyer at the Human Rights Law Center for Persons with Disabilities, said in a Facebook post titled ‘It’s getting more and more speculative’, saying, “I mightn’t keep my mouth shut while seeing the amendments to the Criminal Procedure Act and the Prosecutor’s Office Act submitted by the Democratic Party today.” “Please reveal who wrote the draft bill.” did.
He also criticized it as “a tattered bill that crudely lists only the police’s long-awaited business, regardless of the inspection and completion of the investigation.”
Lawyer Kim pointed out, “The alternative is not complicated. We need to restore the prosecutor’s right to command and control the investigation.” He said, “The draft agreed upon in the 20th National Assembly Investigation Rights Adjustment Bill was ‘the police conduct the investigation, and the prosecution conducts the investigation and the prosecution’. I gave the police the right to terminate the investigation like a gift, so my work was ruined following a year.”
Lawyer Kim said, “The people’s power is also resentful. The reason we need to block this law is because it ravages the lives of powerless ordinary people,” said Attorney Kim. What if it only encourages emotional fights?”
On the 26th, Attorney Kim also shared a Facebook post by Jung Woong-seok, president of the Korean Society of Criminal Procedure Law. In this article, Chairman Jung criticized the Democratic Party’s amendments by citing individual problems and criticizing them one by one.
He said, “In Article 4 (1) 1-2 of the Prosecutor’s Office Amendment Act, it is stipulated that a prosecutor can investigate crimes related to the duties of police officers and crimes related to the duties of public officials belonging to the Public Air Service. “It’s a meaningless rule in that the prosecutor can only ask for a warrant from a judge if it has been requested,” he said.
He added, “The police have the initiative in the forced investigation, so how can they investigate the police in the early stages of the investigation?” He added.
Chairman Jung said, “In the warrant substantive examination, the prosecutor does not have any authority to investigate, so a judicial police officer who can attend and state his/her opinion will have no choice but to debate the facts with the lawyer of the other party.” “In cases of corruption and economic crimes, etc. The other party will hire a lawyer from the best law firm, but it is doubtful whether they can deal with it. Only criminals and law firms are doing good work,” he pointed out.
He said, “If the prosecutor cannot investigate perjury witnesses at the trial, and only the police can investigate, I wonder how the police who have not been involved in the trial will judge.” Do you want to investigate?” he asked.
He also criticized, “Is it okay for the national criminal justice system to be so lax?” and “a world where only criminals can live.”
▲ Candidate Dong-Hoon Han, Minister of Justice ⓒ New Daily
“The era of the police show is coming”… “Wolsong Nuclear Power Plant Incident Evaporation”
On the 16th, lawyer Yang Hong-seok, who used to be the director of the Public Interest Law Center at the Solidarity for Participation, also vehemently criticized the Democratic Party, saying, “The Democratic Party is asking us to go into the era of ‘police fascination’.”
Lawyer Yang explained, “The amendment will be amended so that even if there is a suspicion that they have been arrested or detained illegally, they are allowed to be released, but judicial police officers are not allowed to release them if there is a justifiable reason.”
He continued, “In the case of illegal arrest and detention, the suspect is the victim, and the police are the perpetrators,” he said. We have no choice but to keep doing this.”
Daegu District Prosecutor’s Office Chief Kim Hu-gon (25th Judicial Research and Training Institute) also added his position by sharing the posts of lawyer Kim and Chairman Chung on Facebook.
Prosecutor Kim said, “I don’t have anything to add, but (when the inspection is complete), work disappears and prosecutors’ welfare improves, so please think regarding why prosecutors are once morest it.” Do you like it?” he asked.
Also, “Where should investigators, working officers, administrators (in charge of heavy duty such as driving protection), and public officials go?” and “The workplaces they used to work for are either closed or they need to be transferred to the police. Did these doctors ask regarding their labor rights and occupations? Can freedom of choice be ignored?”
Prosecutor Roh Jeong-hwan of the Daejeon District Prosecutor’s Office, who was in charge of the investigation into allegations of manipulation of the economic evaluation of the Wolsong Unit 1 nuclear power plant, held a press conference and said, “If the Inspection Complete Act is passed, the investigation into allegations of manipulation of the economic evaluation of the Wolsong Unit 1 nuclear power plant will no longer be investigated.” will do it,” he said.
He also feared, “In the case of the Daejeon District Prosecutors’ Office, which is a key prosecutor’s office for patent crimes, if the investigation authority is deprived, it will be impossible to respond to crimes of leakage and infringement of important technologies.”
Democrats propose bill in the name of all lawmakers… Han Dong-hoon “Escape at night” direct hit
Meanwhile, on the 15th, the Democratic Party proposed amendments to the Criminal Procedure Act and the Prosecutor’s Office Act under the names of all 172 lawmakers. The key point is to deprive the prosecution of all six major crimes and to allow the police, not the prosecution, to conduct complementary investigations on cases sent by the police. The grace period for the implementation of the Act is three months.
Immediately following this, the Supreme Prosecutor’s Office deplored “This is in direct violation of Articles 12(3) and 16 of the Constitution, which stipulates that the prosecutor is the right to request a warrant and the subject of investigation, and is clearly a violation of the Constitution.”
Before the bill was introduced on the same day, candidacy for Justice Minister Han Dong-hoon said, “Only criminals should be afraid of prosecutors who do their jobs properly.” hit directly
Prosecutor General Oh-su Kim also visited the National Assembly and appealed to the National Assembly to “impeach himself first.”