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In the past, as a lawyer, Jeon Hyun-hee, Justice Minister Choo Mi-ae, who is entitled to the staff of the prosecutor’s office, said that there is no job relevance for the prosecutor investigating the case of the return of his son to military leave. The accusation is controversial as it appears to have made the exact opposite argument that the prosecution has no choice but to follow the minister’s position. It was known.
President Jeon Hyun-hee Kwon Ik said through the response data presented to Congressman Seong Il-jong, the power of the people on the 14th, “Although Minister Chu is a private stakeholder with his son, it is considered that there is no specific job relevance. ” There is no room for a conflict of interest between Minister Chu, who has changed the rights of staff by successively placing prosecutors close to him at the Dongbu District Prosecutor’s Office, which has been investigating his son’s case for the past eight months. , and the Dongbu District Prosecutors who received such personnel benefits, and their investigations related to the son.
The sentence of the former president is contrary to the interpretation of the conflict of interest announced by the Kwon Ik Committee on the investigation of the Prosecutor’s Office for irregularities between the Minister of Justice and family members at the time of the ‘crisis of the country’ just a year ago . Park Eun-jeong, president of Kwon Ik, who was a jurist at the time, interpreted the situation to mean that the prosecution is investigating family matters, including his wife, Professor Jeong Gyeong-shim, while Cho He is the current Minister of Justice. There is a bar.
The legal community noted that “it is common sense that there is a possibility of conflict of interest when the prosecution investigates a matter related to the Minister of Justice and the minister who has the right to human resources, but the former president of the Democratic Party made a interpretation of ‘regulatory adaptation’ “. The former president, a dentist and lawyer, served as a Democrat in the National Assembly at 18 and 20, and when Minister Chu was the leader of the Democratic Party in 2017 when his military leave was not returned, the former president was also a Democrat. .
However, the former president was found to have made the opposite statement when he was a lawyer before serving as a Democrat. According to a column titled ‘Political Neutrality of Prosecutors’, which the former president wrote in a newspaper in 2003 as a lawyer, he said: “In each major case, before the prosecution starts an investigation, the government will take up this matter. . There is a briefing like ‘I will not ask’ or ‘I will take a strict investigation,’ he said. “As a prosecutor under the command and supervision of the Minister of Justice, who belongs to the executive branch under the Law of the Prosecutor’s Office, there is no choice but to follow the government’s position.”
The former president referred to article 8 of the Prosecutor’s Office Law, saying: “As the highest supervisor of the prosecution’s affairs, the Minister of Justice, a government agency, generally directs and supervises the prosecutor, and it is stipulated that the prosecutor General can direct and supervise specific cases. “In other words, by law, the prosecution is subject to the command and supervision of government agencies, so the prosecution has no choice but to submit to the judgment of the government. Rather, the regulation of political neutrality is merely one form. Under such a legal structure, the political neutrality of the prosecution is impossible without the government’s willingness not to use the prosecutors according to its interests ”.
In addition, Chairman Jeon said, “To ensure the neutrality and independence of the prosecution, first of all, the personnel system and practices that the person in charge of personnel must observe must be drastically reviewed. He insisted a lot. President Jeon said: “If the Minister of Justice, who is not politically free, arbitrarily exercises the personal rights of the prosecutor, there are concerns that he may undermine the political neutrality of the prosecution.”
An official from the legal profession said, “The comments from lawyer Jeon Hyun-hee in the past also apply to Minister Chu, who issued a relegation to prosecutors who investigated corruption in the regime after taking office.”
