[사회]”The Attorney General is not a subordinate of the Minister of Justice” … is it true? | YTN

[앵커]

Attorney General Yoon Seok-yeol continues to have a wave of comments he made and made at the National Audit Office.

Despite the fact that the attorney general said that he was not a subordinate of the Minister of Justice, he is right in the legal profession, or he is not.

Reporter Lee Jong-won pointed out.

[기자] [추미애 / 법무부 장관 (지난 6월) : 저의 지시를 절반을 잘라먹었죠. 장관의 말을 겸허히 들으면 좋게 지나갈 일을, 새삼 지휘랍시고 해 가지고 일을 더 꼬이게 만들어서….]

The nervous war between Justice Minister Choo Mi-ae and Attorney General Yoon Seok-yeol over the “command relationship” began in earnest from then on.

The conflict, which began with a petition involving former Prime Minister Han Myung-sook, culminated in the inauguration of the command over the suspicion of the so-called “ parole coalition, ” but Yoon did not speak.

However, after three months, when Minister Chu’s simultaneous command was invoked on the Lime lobby’s suspicions, as well as the cases of relatives and attendees, President Yoon expressed his intentions.

[윤석열 / 검찰총장 : 일단 법리적으로 보면 검찰총장은 법무부 장관의 부하가 아닙니다. 만약에 부하라면 검찰총장이란 이런 직제를 만들 필요도 없고요.]

The rules on the command relationship between the Minister of Justice and the Attorney General are contained in the Law on the Prosecutor’s Office.

While the Minister of Justice is defined as the main supervisor of the affairs of the prosecution, it is stipulated that general affairs supervise the entire prosecutor and, in specific cases, direct and supervise the president.

Furthermore, the Government Organization Law stipulates that the Prosecutor’s Office is created under the Ministry of Justice to manage the affairs of prosecutors.

Regarding the stipulated regulations, it is true that the Attorney General is also the Minister of Protocol, but the Minister of Justice is the superior.

[정태호 / 경희대 법학전문대학원 교수 : 공직사회에서 지휘 감독받는 사람은 지휘 감독하는 사람에 대한 부하다, 이렇게 얘기하는데, 부하가 아니라고 하는 것은 민주주의 원리를 부정하는 거예요.]

However, there are many opinions that there is a great difference in the nature of the relationship of public officials in general between the highs and the low.

It is the view that it is more important than anything else to ensure the political independence of prosecutors who exercise prosecution power, more than superior and inferior relationships in the dictionary sense.

[차진아 / 고려대 법학전문대학원 교수 : 수사와 관련해서는 가급적 개입하지 말라는 것입니다. 검찰총장과 법무부 장관의 관계는 일방적인 상하관계가 아니라, 서로 인사권이라든지 이런 것도 협력해서 하게 돼 있지 않습니까.]

“The essence of this ‘cargo controversy’ is Minister Chu’s invocation of command.

Depending on the results of the investigation and inspection, a coup is expected to be inevitable, be it Minister Chu or President Yun.

This is YTN Jongwon Lee.

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