Former Vice Minister Kim Hak-eui, who was blocked from leaving the country while trying to leave for Thailand, leaves Incheon Airport at the dawn of March 23, 2019 and is returning home. [JTBC 캡처]
– Dispatched by the Supreme Prosecutors Office’s Past Photographic Investigation Team, Gyu-won Lee (43), at midnight on March 23, 2019, requested an emergency deportation ban (withdrawal) from the former Deputy Minister of Justice Kim Hak-eui to the Ministry of Justice. It turns out that I wrote and sent it. This test handwritten the phrase'(urgent)’ in front of the title of the general form. Since then, he has revised and sent the document six times to the Ministry of Justice to see how much he has struggled. For this reason, analysis from inside and outside the prosecution that “the prosecutor’s false request was not effective from the beginning.”
Send a general withdrawal request, not an’emergency withdrawal request’
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![General departure ban request form (above) and emergency ban request form [국가법령정보센터 캡처]](https://i0.wp.com/pds.joins.com/news/component/htmlphoto_mmdata/202101/19/bc6bc2d9-c0d1-47c5-99fa-7a88015f5053.jpg?w=900&ssl=1)
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General departure ban request form (above) and emergency ban request form [국가법령정보센터 캡처]
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According to the 106-page public interest report obtained by the JoongAng Ilbo on the 18th, the prosecutor requested an emergency withdrawal in the name of the Supreme Prosecutor’s Office’s Past Photographic Investigation Group on March 23, 2019 at 0:08, which is the Incheon International Airport Immigration and Foreigners Office (Immigration Office). ). As a result, former Vice Minister Lee, who had even finished the immigration examination, was notified of the ban on departure from the immigration officers near the boarding gate at 0:10 and was banned from boarding.
In this process, the request made by this prosecutor and sent to the Ministry of Justice was a’request for ban on departure, etc.’ in accordance with the enforcement regulations of the Immigration Control Act. When requesting an emergency withdrawal, a general withdrawal request must be submitted. In order to make the general withdrawal request form like an emergency withdrawal request, the prosecutor wrote'(emergency)’ in hand in front of the title. The case number was written as’Seoul Central District Prosecutor’s Office 2013 Brother No. 65889, etc.’ In the requesting agency, he wrote’The Supreme Prosecutor’s Office’ Past History Investigation Team (Seoul East District Prosecutor’s Office Lee Gyu-won)’ and attached his signature.
Urgent withdrawal requests have stricter conditions compared to regular withdrawal requests. An emergency withdrawal can be requested only when there is a fear of fleeing or destroying evidence as a crime suspect who has reason to suspect that he has committed a crime equivalent to the death penalty, weapon, or imprisonment or imprisonment for longer than three years. In addition, the right to request an emergency withdrawal was the’Chief of the investigating agency’, and there was no official of the Seoul Central District Prosecutors’ Office or the Seoul Eastern District Prosecutor’s Office in the prosecutor’s request.
Different legal basis… In the emergency withdrawal,’the suspect’ and’the head of the investigation agency’ are specified
– The format of the general withdrawal and emergency withdrawal request form is also different. In the general withdrawal request form, it is stated that’in accordance with Article 4, Paragraph 3, Article 4-2, Paragraph 2, etc. of the Immigration Control Act (hereinafter referred to as abbreviated), the following request was made. On the other hand, in the emergency withdrawal request form, it says,’I request an emergency departure ban for the suspect in accordance with Article 4-6, Paragraph 1 of the Immigration Control Act.’ Despite the different legal basis for the two forms, the attorney submitted a erratic request.
In case of emergency withdrawal, it is stated that the target must be the’suspect’. Former Vice Minister Lee was the subject of an investigation by the fact-finding team at the time, but was not a criminal suspect who had been arrested for formal investigation. In addition, the’requesting agency’ can be used in the general withdrawal request form, but the’chapter of ○○○’ must be indicated in the emergency withdrawal request form.
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In connection with the allegations of illegal departure by former Vice Minister Kim Hak-eui, the case that the Supreme Prosecutors’ Office was allocated to the Suwon District Prosecutor’s Office was redeployed to the Suwon District Prosecutor’s Office and faced a new phase. Interest gathers. The photo shows the Suwon District Prosecutors’ Office in Suwon City, Gyeonggi-do on the morning of the 14th. News 1
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Previously, the Ministry of Justice related to this, “Article 4, Paragraph 2 of the Immigration Control Act, which is the basic provision on the withdrawal authority of the Minister of Justice, does not have a phrase saying,’At the request of the head of the relevant agency,'” “(This prosecutor) It was a’independent government office’ that was ordered as an agency and has the authority to request an emergency ban on departure.”
In the legal community, the provisions apply to general withdrawals, but they argued that they had emergency withdrawal rights, and the fact-finding team to which the prosecutor was dispatched was interpreted as having no right to withdraw because they did not have the right to investigate. In a legal review report written by the Ministry of Justice two days after the emergency withdrawal, there was an opinion that “the fact-finding investigation team cannot be withdrawn under the sole name of the fact-finding team because it is difficult to see as a formal investigation agency.”
6 cases in total, not 2 false official documents… “For each document, you have to be guilty”
– At 3:08 am that day, the prosecutor received the final request for approval of emergency withdrawal from the Ministry of Justice and proceeded with the post-approval process. This time, instead of the case of no charge of the Seoul Central District Prosecutor’s Office, which was written in the withdrawal request, I wrote down the number of the Dongbu District Prosecutor’s Office called’Seoul East District Prosecutor’s Office No. 1 in 2019′. It was a ghost case where the incident with that number did not exist.
At the time, a mobile phone forensic analysis of an employee at the Ministry of Justice revealed that the prosecutor sent four additional documents during the three hours of sending the initial withdrawal request and the final emergency withdrawal approval request. In the course of this interim revision, the prosecutor also sent an official letter in the form of an emergency withdrawal request. In this request, he wrote the name of the Seoul East District Prosecutor’s Office at the time of Chan-sik Han, and signed the proxy as’the generation Lee Gyu-won’. However, as for the evidence case number, the number of the’Seoul Central District Prosecutor’s Office’ was written as it is.
![A request for an emergency ban on entry to former Vice Minister of Justice Kim Hak-eui and a request for approval by the Minister of Justice, prepared by aunt prosecutor of the Supreme Prosecutor's Office's Past Photographic Investigation Group on March 22, 2019 and the following day, March 23. The prosecutor wrote the case number of the 2013 Seoul Central District Prosecutors' Office, where former Vice Minister Kim was not accused, and the case number of the Seoul East District District Prosecutor's Office 2019, which does not exist in the request for approval.[중앙일보]](https://i0.wp.com/pds.joins.com/news/component/htmlphoto_mmdata/202101/19/cfa34c8b-fc85-4b28-a4e3-514258592333.jpg?w=900&ssl=1)
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A request for an emergency ban on entry to former Vice Minister of Justice Kim Hak-eui and a request for approval by the Minister of Justice, prepared by aunt prosecutor of the Supreme Prosecutor’s Office’s Past Photographic Investigation Group on March 22, 2019 and the following day, March 23. The prosecutor wrote the case number of the 2013 Seoul Central District Prosecutors’ Office, where former Vice Minister Kim was not accused, and the case number of the Seoul East District District Prosecutor’s Office 2019, which does not exist in the request for approval.[중앙일보]
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The prosecutor also sent an emergency withdrawal report, which is a document required for emergency withdrawal measures under the Immigration Control Act. In the report, the prosecutor stated in the report that “Former Vice Minister Kim has a crime, such as receiving money and goods worth tens of millions of won from Yoon Joong-cheon,” and “is going to request a bribery and other related investigation to the great prosecutor around March 25, 2019.”
In the middle, a general withdrawal request and an emergency withdrawal approval request were also sent, revising the case number of the Seoul Central District Prosecutor’s Office to the internal number of the Seoul Eastern District Prosecutor’s Office. In the final emergency withdrawal approval request, the printed Central District Public Prosecutor’s Office number was manually erased and a document containing the Dongbu District Public Prosecutor’s Office internal number was sent by hand.
A high-ranking official at the prosecution said, “It seems that a total of six times, whether there was a lot of problems between the prosecutor and the Ministry of Justice’s immigration headquarters in the morning, there was a total of six times,” and “whether for forgery of official documents or writing false official documents, a crime is established per document. It can be done, and all the documents that were sent in the early morning of this day can be important evidence.”
Reporters Kang Kwang-woo and Jung Yu-jin [email protected]
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