Controversy over “Illegal Prosecution Directive of Chu Miae and Jeong Jinwoong Prosecutions”



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The Minister of Justice, Choo Mi-ae. 2020.11.12 / News1 © News1

Justice Minister Choo Mi-ae instructs the Supreme Prosecutor’s Office to investigate and report whether the prosecution process of Gwangju District Attorney General Jeong Jin-woong for self-directed assault was appropriate, and a question arises both within as outside the prosecution.

Under the Prosecution Law, the Attorney General is only obliged to command and supervise the attorney general in specific cases, but in fact ordered the Supreme Prosecutor’s Office, not Attorney General Yoon Seok-yeol, to investigate the validity of the accusation.

On the 12th, the Ministry of Justice said that Minister Chu ordered the Supreme Prosecutor’s Office to verify the truth about the adequacy of the prosecution process of Deputy Chief Chung. He noted that in the prosecution of Deputy Chief Prosecutor Chung, “the media were informed that the prosecution was carried out from the top line of the prosecutor.”

On the 3rd, MBC said, “It was reported that the chief prosecutor of the Seoul Senior Prosecutor’s Office expressed skepticism in prosecuting Prosecutor Chung for self-harm. Then Myung Jeom-sik, the Seoul Senior Prosecutor’s Office, reported that six days after the case was reassigned by himself, he bluntly prosecuted Prosecutor Chung. “On the 27th of last month, Deputy Prosecutor Chung was indicted. of moralistic aggression under the Law of Weighted Punishment for Specific Crimes. He refuted that there was no disagreement. According to the former prosecutor A of the prosecutor, “the Attorney General is only obliged to direct specific cases through the Attorney General, so the direct command of the Supreme Prosecutor’s Office is a violation of the law. “

“If there is a problem in the prosecution process, the chief prosecutor should be disciplined at the time of the Myeongjeom Ceremony. According to the Prosecutor’s Disciplinary Law, it is the authority of the president to request disciplinary action against the prosecutor.” I should have “.

Also criticized was the announcement by the Ministry of Justice that it was a “ serious procedural problem ” for the Chief of the Supreme Prosecutor’s Office, Han Dong-soo, to file a formal objection and be excluded from approval in the application process for that Yoon suspend the execution of Deputy Prosecutor Chung’s duties.

The same lawyer said: “The supervising manager is not a person who has the same authority as the president, but a staff who assists with the authority of the president. Even if the supervising officer makes an objection, there is no problem in exercising authority because the one who makes the final decision is the president. “

Under the Prosecutor Discipline Law, the disciplinary deliberation of the prosecutor and the disciplinary committee begins at the request of the attorney general, and the attorney general may request the attorney general to order the suspension of the execution of their functions. Furthermore, when the Minister of Justice considers it necessary, it stipulates that the disciplinary suspect may be ordered to suspend the performance of his functions.

It is reported that the Supreme Prosecutor’s Office sent an official request to the Ministry of Justice on the night of the 5th, as there was no action following the indictment against Deputy Prosecutor Chung on the 27th of last month.

Inside and outside the prosecution, he points to the issue of fairness, saying that even though it has been more than 15 days since prosecutor Jeong was prosecuted, unlike usual, he has not been excluded from his duties. The Ministry of Justice has routinely adopted personnel measures to exclude them from their duties when suspicions of crimes against prosecutors arise or they are handed over to trial.

A prosecutor from the front noted that “there will be requirements and regulations for the exclusion of work”, but also noted that “generally, when prosecutors (prosecutors) are prosecuted, we know they have been excused.”

Lawyer A also asked: “If other administrative departments are prosecuted, the prosecution is also excluded from the position,” he said. “Can we send it to the non-investigative department, like the Legal Affairs Training Institute?”

Prosecutor Han Dong-hoon, who was the deputy prosecutor in the Busan High School Prosecutor’s Office, became a suspect in the case called ‘probate confusion’ and was in the pre-trial stage, but was removed from his job in June and appointed to the Legal Affairs Training Institute.

(Seoul = News 1)

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