The monster he was worried about was born.

President Moon Jae-in is speaking at the video cabinet meeting held at the Blue House on the morning of the 15th. [청와대사진기자단]

“During the 2002 presidential elections, candidate Moo-Hyun Roh put the airlift as the main promise of anti-corruption policy and, after the elections, he promoted the legislation.”

President Moon Jae-in said at a state council meeting on the 15th, that he deliberated and decided on a bill on the establishment and operation of a criminal investigation bureau of high-ranking public officials (airport bureau). He referred to the history of the promotion of the airlift and highlighted its legitimacy. However, the appearance of the airlift promoted by the Roh Moo-hyun administration and the airlift that is about to be launched is quite different. The airborne authorities are considered stronger and the containment mechanisms are weakened.

The emergence of the airborne agency promoted by the Roh Moo-hyun administration is contained in the 2004 Law on the Establishment of a Corruption Investigation Agency in the Public Office presented by the government to the National Assembly. Under the bill at the time, ‘Oversee investigations into criminal acts of senior officials and their families …’ It is only granting investigation rights on the airlift. However, in order to check the right of the prosecution to prosecute the prosecution, if the prosecution finds that the prosecution is unjustifiably disposing of the prosecution, the head of the prosecution allows a prosecutor’s request to the higher court.

Former President Roh Moo-hyun [중앙포토]

On the other hand, the Air Transport Act, enacted by the Moon Jae-in administration, grants both the right to investigate and prosecute the duties of the airlift as’ investigation of crimes of high-ranking public officials’ and ‘prosecution and maintenance of prosecution ‘. This is the main reason the Moon Jae-in administration’s airborne disposal law is criticized. Speaking of the prosecution reform, they said, “Why do you give both investigative and prosecutorial powers to the airlift so that they can enjoy the power of nothing and nothing?

This was also the idea of ​​the Roh Moo-hyun administration. When the government drafted the air transport law in 2004, the Uri Party (now the Democratic Party) insisted that air transport should also have the right to prosecute. Then Kang Geum-sil, then Minister of Justice, said: “Wouldn’t it be necessary for the newly created corruption investigation department of high-ranking civil servants (currently the airlift) to repeat the failure due to the monopoly of the prosecution on the prosecution?”

Former Justice Minister Kang Geum-sil is looking out the window for a while during an interview with JoongAng Ilbo in 2012. [중앙포토]

There is a big difference between the Roh Moo-Hyun administration airlift and the Moon Jae-in government airlift relative to other organizations. The Air Transport Law of the Roh Moo-hyun administration says that “the National Assembly, the auditor, the Supreme Prosecutor’s Office and the Ministry of National Defense may request an investigation with the airlift in cases where the investigation is deemed significant. . This is a way for another agency to request the airlift to investigate the case.

On the other hand, the Moon Jae-in government law on air transport includes a clause that states: “If (the air bridge chief) determines that an investigation is appropriate and requests a transfer, the relevant investigating agency must comply with it.” . For example, while the prosecution is investigating a crime of a high-ranking public official, if the head of the Public Ministry requests surrender, the prosecution must hand over all the investigation data to the air defense department and withdraw his hand.

Young-soo Jang, a professor at Korea University School of Law, said, “Due to the agency’s right to request spying, the agency is sometimes seen as a superior institution to other investigative agencies.” He said: “There is no way to do anything that is unfavorable to the regime, such as the suspicion of intervention in the Ulsan mayoral elections or the closure of the Wolseong Unit 1 nuclear power plant.”

On April 29, 2019, Lee Sang-min, chairman of the Judicial Reform Special Committee, introduced bills such as the High-Level Officers Crime Investigation (KAI) bill and the KAI bill. Reconciliation for the investigation of the fair prosecutor at the Plenary Meeting of the Special Committee on Culture, Sports and Tourism in Yeouido, Seoul. And it’s hitting the hammer. [김경록 기자]

The Roh Moo-hyun administration’s air transport law was sent to the prosecution to be rescinded even if a case requested by another agency was found to be innocent as a result of an air transport investigation. The reason was explained as “allowing the prosecution to perform the air bridge control function.” The Moon Jae-in government airlift has no way of verifying the case, even if it closes it unfairly.

In the Air Transport Law of the Roh Moo-hyun administration, ‘the Dean is appointed by the President at the request of the Chairman of the National Integrity Committee following a resolution of the National Integrity Committee (currently the National Rights Committee)’ . The integrity committee consists of 9 members. Among the members, three are appointed by the president, three are proposed by the National Assembly, and three are proposed by the president of the Supreme Court. The reason for the decision to go through the Integrity Committee was that the airlift was supposed to belong to the Integrity Committee. Even at that time, there was criticism that the method of appointing the chief of the airlift undermined neutrality.

The Democratic Party, which was pushing for legislation in the 20th National Assembly, emphasized the veto power of the opposition party and insisted that it could ensure the neutrality of the airborne chief. At a meeting of the National Assembly Special Committee on Judicial Reform in June last year, Democratic Party lawmaker Park Ju-min said: “The Minister of Public Service can only present a candidate when approved by four-fifths (6) of seven nominating committees “. They can exercise their non-total rights (right to reject) ”.

Justice Minister Choo Mi-ae takes part in a plenary session held at the National Assembly in Yeouido, Seoul, on the afternoon of the 10th, after some amendments to the law on the establishment and operation of an office were passed. criminal investigation of high-ranking public officials (airport office), and salutes Kim Jin-ae, the Open Democratic Party. According to the amended law, two candidates can be selected with the approval of at least two-thirds of the members of the Candidate Recommendation Committee for the Minister of Public Transport. [연합뉴스]

In fact, in the Airborne Ministry Act, which came into effect in July, the Committee for Recommendation of Candidate for Minister of Air Transport is made up of seven members, including two nominees from the ruling party and two from the opposition party, and two candidates Nominees are decided with the approval of six or more of them. The president appoints one of them as chief of the airlift. If two members of the opposition nominating committee exercised their veto, a specific person could not be recommended as a candidate. However, on the 10th, the Democratic Party revised the Air Transport Act and changed the requirements for the nomination of candidates for Airborne Minister, who had been ‘6 or more members’, to’ more than two thirds of current members ‘. Even if two members of the opposition nominating committee refused, it was possible to recommend the chief of the airlift.

Reporter Yoon Seongmin [email protected]