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The Supreme Court and the Democratic Party recently presented a surprise attack on the Judicial Committee of the National Assembly of the National Assembly for the amendment of the Law of Investigation of Crimes of Senior Public Officials (Air Transport Law). It was confirmed on the 24th as delivered.
The Supreme Court Court Administration Office was the head of a related agency that received a request for cooperation with the investigation, even though the agency (airborne agency) was not a superior agency of related agencies such as the Supreme Prosecutor’s Office or the National Police Agency, in the revised opinion on the amendment to the Air Transportation Law ‘submitted the day before to the Hanhong Yoon People’s Power Office. It is questionable whether it is appropriate for them to respond to the request. “
The revised Airborne Justice Act bill, initiated by Democrat Kim Yong-min of Minbyun, is key to virtually neutralizing the opposition party’s veto when recommended by the Air Transport Minister, and vastly improving the ratings of prosecutors from ’10 years or more ‘to’ 5 years or more as a lawyer ‘. . The number of staff, such as investigative prosecutors and investigators at the air transport bureau, has also nearly doubled, and the term at the air transport bureau has been changed from ‘a three-year term, possible three consecutive terms. ‘to’ a term of 7 years, with no consecutive term limit ‘.
Regarding this amendment, the Supreme Court said: “It is under the jurisdiction of the legislature,” but said: “However, the essential powers and responsibilities of investigative agencies, which are consistent with the spirit and values of the constitution, and the principle of control and balance between investigative agencies, should not be affected. ” In particular, the Supreme Court noted that “allowing the prosecution to receive an unlimited number of investigators from the prosecution could create various problems, such as an expanded organization. The current Airborne Law establishes that if an investigator of the prosecution is sent, it is included in the number of investigators of the Airborne Department, but this regulation will be eliminated.
Regarding the content of the amendment that required the heads of related agencies, such as the Attorney General, to respond to investigative cooperation at the request of the Minister of Public Affairs, the Supreme Court has exceptions such as “If there is no legitimate reason, we will respond to other laws that regulate requests for cooperation with related organizations ”. I have. “Regarding the revised content that public officials must file a complaint with the air bridge when they have knowledge of crimes against high public officials, he said that” the Criminal Procedure Law already stipulates the obligation to accuse public officials. ” Representative Yun Han-hong said, “The Supreme Court, which had expressed concern about the original draft of the Air Transport Law last May, is pointing out the problems more specifically in this amendment.”
In the legal community, concerns are spreading over the ruling party’s amendment to the Air Transport Law. Kwon Kyung-ae, a lawyer for Minbyun, said in a Facebook post the day before for the air defense department’s prosecutor’s office extension. Another legislator said: “The intention is to fill the airlift with people from Minbyun by lowering the qualification criteria for prosecutors in the air along with the provision to increase the number of air carriers,” and said: “There will be a ‘Super Plane Minbyun ‘that the next regime will not be able to touch. ” .
The current Airborne Ministry Act requires a total of seven members, including two nominations from the ruling party (Democratic Party) and two nominations from the opposition bargaining group (the people’s power). However, the amendment to the Democratic Party made the ‘National Assembly’ recommend 4 members to constitute 7 members regardless of the opposition party. Also, the requirements for nominating candidates for the chief of the airlift have been changed to five or more, requiring six or more of the seven to agree. In fact, it is noted that the opposition party’s ‘deputy candidate deterrence in the air’ was removed.
Ha Chang-woo, former chairman of Korea’s Byeonhyup, said: “The revision of the law passed by the ruling party is only the result of denying the legislation itself.” “It is against the spirit of the constitution to unilaterally appoint the chief of staff as the overwhelming number of seats.” did. Heo Young, Senior Lecturer at Kyung Hee University Law School, said: “When the Airborne Law was introduced, the claim that ‘it is an institution under the controls of the opposition party, so there is nothing of what to worry about ‘was overshadowed “.