[정치]”LH speculative earnings can be redeemed” … promote even retroactive application

[앵커]

Since the speculation allegations by LH employees are making a mistake, there is a movement to salvage the profits from the speculation.

The ruling ruling party said it would review the plan to revise the law and apply it retrospectively.

I pointed out how far it would be possible.

This is reporter Lee Jung-mi.

[기자]

Speculation or not

Former legislator Son Hye-won was embroiled in a controversy during the Mokpo land purchase process.

[손혜원 / 전 국회의원 : (1심 선고 앞두고 한 말씀만 부탁드립니다.)….]

I was convicted in the first trial.

One of the laws that applies at the moment is the anti-corruption law.

The question was whether or not trade secrets were used, but the court decided that some of the development information that was not disclosed to the public was secret.

If it is judged as a ‘trade secret’ and anti-corruption law is applied, additional profits may be confiscated or collected.

[변창흠 / 국토교통부 장관(지난 9일) : 공직자 회의라든지 간접적으로 얻은 것도 충분히 비밀로 간주 가능하다, 이런 판례가 있었기 때문에 그 판례에 따르면 회수가 가능하지 않을까….]

However, since it is possible to redeem profits only when profits are generated, it is necessary to first compensate the land and, like Congressman Son Jeon, it is necessary to argue whether it is a ‘business secret’.

For this reason, instead, the Special Public Housing Law is discussed.

It is defined as ‘information learned during commercial processing’, which allows a broader interpretation than the anti-corruption law, which is stipulated as confidential.

However, this law does not provide for the redemption of benefits.

This is the reason why politicians began to modify the law.

If the law is revised, we are considering retroactive application.

[변창흠 / 국토교통부 장관(지난 9일) : 부진정소급 입법을 통해서 아직 이익이 실현되지 않은 경우에도 가능한지에 대해서 여러 가지 검토를 하고 있습니다.]

In fact, if the legal relationship has already ended, it is impossible to legislate retroactively, but if it is still ongoing, there is a precedent that retroactive legislative law can be made in consideration of the public interest.

If additional legislation is enacted before the land offset is completed, it can also be redeemed under the Special Public Housing Act.

[김태근 / 민변 민생경제위원장(변호사) : 형사 처벌은 소급적용이 어렵지만, 행정적으로 투기 이익 환수는 가능할 것으로 판단이 됩니다.]

In the end, it is not impossible to rescue speculative profits, be it the current Anti-Corruption Law or the revision of the Special Public Housing Law.

Given the negative public opinion on the speculation allegations, the law is ready for review, covering everything from earnings recovery to retroactive application.

YTN Lee Jeong-mi[[email protected]]is.

[저작권자(c) YTN & YTN plus 무단전재 및 재배포 금지]