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| ▲ Criticism has risen over the announcement of the results of the investigation into the suspected entertainment for prosecutors. | |
| Ⓒ Yonhap News |
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“The results of this investigation are only an extension of the prosecution’s practice of wrapping my family. It was a ‘cotton bat’ investigation that did not comply with the common sense of the public.”
Lim Ji-bong, director of the Center for Judicial Surveillance of Solidarity Participation (professor at Sogang University School of Law), criticized the prosecution for the results of the investigation of the ‘suspicion of hospitality by the prosecutor’s liquor’ raised by the Seoul Southern District Prosecutor’s Office (Prosecutor Jeong-su Lee).
It is also a problem that the suspicion of high-priced alcoholic beverages raised by former Star Mobility chairman Kim Bong-hyun was revealed as fact, but the prosecution investigating the misconduct was a “ similar investigation ” and a “ composition investigation ” (related article: Kim Bong-hyun Ro disclosure facts … “5.36 million won entertainment for prosecutors until 1 a.m.” http://omn.kr / 1qw78)
On the 9th and in a phone call, Director Lim summarized the problem of the investigation result in two. ▲ The first was to apply only the law of prohibition of applications with a relatively low sentence without applying bribery to the incumbent prosecutor who was the subject of the accusation ▲ Second, when the prosecution calculated the amount of drinking entertainment, the former president, former entertainment provider, was listed as a recipient. This is the part that divides the amount of entertainment by the head number.
In this regard, Director Lim said: “The method for calculating the amount of entertainment used by prosecutors is not common.” In this case, the two prosecutors who were not prosecuted also violate the solicitation ban law, surpassing one million won in entertainment.
He said: “In this case, there is a major problem, just that a person who is likely to join Lime’s investigation team received expensive alcohol treatment with a key suspect,” he said. “(Even so), the results of this investigation are the investigation of the prosecution and the prosecution of my family. I can only see it,” he criticized. Below is the summary of the questions and answers that I shared with him.
“The logic of the prosecution, even in light of the Supreme Law case, does not fit.”
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| ▲ Lim Ji-bong, director of the Solidarity Participation Judicial Monitoring Center (center), General Secretary Park Jeong-eun and other activists held a press conference in front of the main gate of the National Assembly in Yeouido, Seoul, in the morning of August 19, urging the establishment of the airlift. | |
| Ⓒ Yoo Seongho |
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-The result of the investigation revealed the ‘suspicion of receiving alcohol by the prosecutor’ exposed by former president Kim Bong-hyun.
“One of the prosecutors who were treated with alcohol at the time was actually a prosecutor who belonged to Lime’s investigation team. Of course, even if the time of receiving alcohol service was before joining Lime’s investigation team Related to former President Kim, the person with the potential to do so was a high-cost alcohol service to the suspect. There is a considerable problem with the fact that he received. “
On October 22, Attorney General Yoon Seok-yeol said, “I am seriously considering this issue. I will take the necessary action when the results of the investigation are known.” We will apologize and present fundamental improvements. ”Until now, there has been no content from Yoon expressing his position.
-In a comment on the 9th, the Center for Judicial Surveillance of Participatory Solidarity criticized the findings of the investigation as “difficult to understand.”
“The results of this investigation are a case that clearly shows the need to launch an air defense agency. It is because it showed that there are still erroneous practices in the prosecution, such as an investigation and prosecution of my relatives. Serving alcohol is also a problem, but this announcement was made by the public. It was a ‘cotton bat’ investigation that didn’t even fit common sense. “
-What are the specific problems of the published research results?
“When the prosecution prosecuted an acting prosecutor who was treated with alcohol, it was not a criminal offense for bribery, but only applied the prohibition of solicitation (Kim Young-ran’s law). The prosecutor in question was treated with alcohol before of joining the Lyme investigation team, so he went to a drinking party. It is considered difficult to recognize the labor relevance or consideration of the Korean government, but it is difficult to understand the logic of the accusation in light of the precedent of the Supreme Court.
In the investigation results announced on the 8th, the prosecution revealed that Lime’s investigation team at the Seoul Southern District Prosecutor’s Office was formed only in early February 2020 and did not apply bribes because it was difficult to admit the relevance of work and the cost of drinking on July 18 of last year. .
-What is the difference between the precedent of the Supreme Court and the announcement of the prosecution?
“The Supreme Court has ruled that ‘including duties that were in charge of the past or that will be performed in the future’ with respect to job relevance, which is a component of the crime of bribery. Even if you are not currently in charge of the job, you can perform various functions depending on the position of civil servant. Unlike the prosecutors who judged relevance at the time, the Supreme Court sees a fairly wide range of job-relevance applications. “
“The method of calculating the amount of entertainment of the prosecution beyond the common sense of the public”
-The accusation against the two prosecutors who were together at the drinking party in question was not processed. They returned home at 11 p.m. while drinking, and the amount of entertainment did not exceed one million won, so it was determined that it was not subject to the solicitation ban.
“The amount of entertainment received by the two prosecutors who were not charged is known to be 960,000 won. The prosecution was not prosecuted because 40,000 won was not enough. However, there is a problem with the way the prosecution calculated the entertainment sap of the people who drank at the time.
The prosecution calculated the entertainment expenses each person received by dividing them by the number of heads of the people who were at the drinking party, and at this time, former President Kim Bong-hyun, who was an ‘entertainment provider’, was included among the entertainment recipients. The prosecution’s judgment that even the provider was treated as an entertaining person led to less entertainment per capita. This is against common sense. If the calculation is done again, except for former President Kim, the amount of entertainment per person will be more than 1 million won, unlike now. “
Since the two prosecutors who were not prosecuted returned home before 11 p.m., the prosecution left 481 million won (3 prosecutors, 3 prosecutors, 3 prosecutors, minus 550,000 won used for band expenses and hospitality expenses) 5.36 million won. It was divided into two prosecutors (attorney Amugae Lee and Bonghyun Kim), who were known to have arranged a drink, and calculated that they received 960,000 won each.
The prosecution insisted that “Kim Bong-hyun is just a receptionist, so he has to divide the price of alcohol into three prosecutors and four lawyers in total,” but the fact that Bong-Hyun Kim attended a drinking party for a long time, the reason and purpose of his attendance In the light of his back, it is significant to include him in the distribution objective when calculating the sap of entertainment for those who enjoyed the entertainment together.
-Criticisms have been raised about the method of calculating the amount of entertainment by the prosecution.
It even gives the impression that the prosecution intentionally crafted the application ban law so that it does not exceed one million won. Currently, netizens are caricaturing the method of calculating the accusation on SNS (social networking service). This situation is beyond the common sense of the people. Therefore, the result of this investigation can only be seen as a prosecution cover for my family. “
