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On the 31st, Attorney General Yoon Seok-yeol emphasized, “I have always thought that the purpose and direction of the prosecution reform should be ‘fair trial’ and ‘public prosecution.’ Through the ‘New Years Speech 2021’, the plan for the remaining seven-month period was revealed in detail. It has only been a week since the court suspended the ‘two months of honesty’ provision in court and he began serving as president again, and this is the first time that a specific message from Yoon has been made known abroad. after returning to office.
In his New Year’s speech announced that day, Yoon said, “The changes and reforms of the prosecution are not achieved only by reviewing laws and regulations related to the criminal justice system.” As for the ‘fair trial’, he explained, “we must not be partial, not be prejudiced and not abuse the superior authority granted by the public interest of crime prevention.” As for the ‘persecution of the people’, he said, “I only look at the people who are the source of authority and I do not look left and right.” The word “national” was also mentioned 14 times. A representative of the Supreme Swordsman said: “I received some help from the staff, but I have captured the usual beliefs of the president from the beginning to the end of New Year’s Day.”
In the New Year’s speech, the most striking thing is “to guarantee the right of defense of the accused.” General Yoon said: “As a group of legal experts, the prosecution is in an advantageous position in all aspects, such as manpower, power, information and costs.” “We must actively collect and present data that is beneficial to the suspect and the accused, and provide legitimate legal advice from an objective point of view. I asked. In addition, he ordered, “if it is judged that it is no longer necessary even if he is arrested, the arrest must be immediately canceled and the investigation carried out in a disabled state, and no pointless appeal or appeal should be made.
Yoon’s ‘message’ is also in line with the prosecution’s recent work to reorganize the rules regarding the right to defend the suspect. The previous day, the Supreme Prosecutors amended the ‘Commercial Video Recording Guidelines’ (preliminary rules) and ordered that ‘video recording when investigating the presence of a suspect or referral’ was mandatory for cases where the prosecution initiated an investigation directly. The prosecution explained that it was to prevent human rights violations. In addition, on the 29th, the “ Regulations for the collection and analysis of digital evidence management regulations ” (prescribed) were also revised to specify the right of confiscated persons or lawyers to participate in all stages of seizure, registration and verification of digital evidence, such as smartphones and computers.
In particular, Yoon said, “the right to defense should not be guaranteed only formally,” he said. “In all processes of investigation, prosecution, trial, appeal, etc., to the extent that people believe that they are protected by law, the right to defense must be substantially guaranteed.” Repeatedly emphasized. Some have interpreted that after Justice Minister Choo Mi-ae’s request for disciplinary action late last month, the Justice Minister criticized Yoon, who raised the issue of ‘fairness of procedures’ saying: ” The right to defense is not duly guaranteed. “
It is also noteworthy that this year there is a big difference from New Year’s Day. Earlier, in the ‘2020 New Years Speech’ announced late last year, President Yoon emphasized the response to ‘corruption and civil crimes’ such as electoral crimes and new economic crimes, and focused on the priority of the investigation of the prosecution. No. An executive from the local prosecutor’s office said: “The direct investigation of the prosecution is reduced due to the adjustment of the rights of the prosecution and the police investigation, but seems to have re-emphasized that the role of the prosecutor as’ supervisor of human rights’, such as investigation and police command, remains important. ” This means that changes in the external environment surrounding the indictment would have been a key factor in the writing of the 2021 New Year’s Address.
Meanwhile, Minister Chu Mi-ae also published a New Year’s letter on the same day. Minister Chu said: “In 2020, the Ministry of Justice has been working incessantly for practical legal reform under the three principles of human rights, public welfare and rule of law.” He added: “There are important changes throughout the criminal justice system starting this year, such as the reform of investigative rights and the launch of the criminal investigation office of senior public officials,” he said. “The new criminal justice system must be established in a stable manner.”
Hyunjoo lee reporter [email protected]
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