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[현장에서]”The Japanese prosecution only prosecutes” the fall…

Former Justice Minister Choo Mi-ae activated Facebook after a long time on the 24th. “The National Assembly must quickly pass a law separating the investigation and prosecution.” In addition, a new article was posted that emphasizes the complete deprivation of the prosecution’s right to investigate (complete inspection) and the establishment of the Severe Crimes Investigation Office (heavy water office), which is being promoted by the first and second hard-liners of the Democratic Party and Open Democratic Party.

Chu Miae also said, “Let’s imitate the Japanese prosecution.”

Former Minister of Justice Choo Mi-ae. Reporter Lim Hyun-dong

– Choo, who heard the Japanese prosecution as a model example during his tenure as a minister, mentioned the Japanese case again. “Even Japan, which has implanted the continental law on us, is pursuing their own justice as criminal investigations and prosecutors as legal experts who prosecute.” “There is no country like Korea that has investigators in each laboratory.”

On September 26, 2019, former Justice Minister Cho Kook, who provides side support for the inspection and completion through Facebook, said, “In Japan, most of the criminal cases are investigated by the police, and of course, the prosecution also directly investigates. It maintains only three special departments in Osaka and Nagoya. That’s a big difference from the Korean prosecution organization.”

Until recently, I made a phone call to a legal official who had been watching the Japanese prosecution system for a long time and told them this.

Cho Kook, former Minister of Justice.  News 1

Cho Kook, former Minister of Justice. News 1

Japanese prosecutors only prosecute.
“There seems to be a lot of misunderstanding. The well-known Tokyo, Osaka, and Nagoya district prosecutors, as well as special criminal departments at some prosecutors’ offices, are also investigated from start to finish. In the case of a general criminal case investigated by the police first, if only the police record is insufficient, the prosecutor calls the suspect or reference person to investigate and decide whether to prosecute.”

Are there any investigators in the Japanese prosecutor’s office?
“have. However, unlike in the case of Korea, investigators do not investigate. When the prosecutor conducts an investigation, he types on the side to make a record or assist in the practice. Usually, when a supplementary investigation is needed, the police officer in charge is contacted directly and instructed rather than the investigator.”

Why was it known differently in Korea?
“In Korea, unlike Japan, the confrontation between the sword and the police is severe. The Japanese case seems to have been slightly distorted in the process of confronting mutually beneficial logic. The fact that Korea has more special investigations than Japan seems to have inflated this story.”

The passport claims to create a heavy water office dedicated to special investigations.
“In political and economic crime cases, there is only the experience and know-how of legal experts on what kind of evidence must be collected to establish the crime. It is not that the police are lacking in skills, but that if the police are good at responding to violent crimes such as murder, there are areas where prosecutors do better. What matters is the resolution of the case. I don’t know what’s the benefit of having investigative agencies such as the police only investigate and prosecutors only prosecute.”

Prosecutor’s right left by the motherland, “complete abolition” after’investigation of the motherland’. Graphic = Kim Eun-kyo [email protected]

– There is another number of passports. The Democratic Party cites the US Federal Bureau of Investigation (FBI), the UK Severe Crime Investigation Office (SFO) and the National Crime Investigation Bureau (NCA) as similar examples of the heavy water agency. However, although the FBI does its own investigations, serious crime investigations are usually led by US federal prosecutors. SFO is a kind of permanent special prosecutor who only investigates important economic crimes, and has both the right to investigate and prosecute in the form of guaranteed participation of prosecutors. The actual cases dealt with are significantly less compared to the six major crimes in Korea (corruption, economy, public officials, election, defense, and major catastrophe).

Accordingly, an official from the Democratic Party’s Prosecutors’ Reform Committee said, “The Heavy Water Agency is similar to the NCA,” but the NCA was a model for the National Investigation Headquarters launched by the police. One legal person who is bright in the US criminal system asked, “What on earth is a direct investigation?” to the claim of the passport that “the United States does not investigate directly by prosecutors.” “The only country in Korea that makes a direct or indirect distinction between collecting evidence to prove a criminal charge is likely to be Korea.”

Hwang Unha, a member of the Democratic Party, held a press conference on the 9th at the Communication Hall of the National Assembly in Yeouido, Seoul.  Reporter Oh Jong-taek

Hwang Unha, a member of the Democratic Party, held a press conference on the 9th at the Communication Hall of the National Assembly in Yeouido, Seoul. Reporter Oh Jong-taek

– Democratic Party lawmaker Hwang Unha, a former policeman, said on the radio that day, “The prosecution was born as a public official from its original birth.”

However, in the legal community, there was a refutation that “the prosecution is misunderstanding the origin of the prosecution.” “Historically, the prosecution system was created by the introduction of impeachment, which separates criminal prosecution and trial in order to correct the evils of the Gyumunist trial, where judges (courts) even investigate and prosecute. As it is a subordinate process that determines whether or not, the investigation and prosecution cannot be completely separated.”

President Moon Jae-in is on standby after taking a commemorative photo with Justice Minister Park Beom-gye (left) at the Blue House on the afternoon of the 29th of last month.  yunhap news

President Moon Jae-in is on standby after taking a commemorative photo with Justice Minister Park Beom-gye (left) at the Blue House on the afternoon of the 29th of last month. yunhap news

– In the midst of this, it seems that the theory of speed control and the theory of hard economics collide in the ruling party. While they each interpret the president’s intentions to their liking and weigh the pace of promotion, the confusion in the field where they must focus their capacity on crime response is growing. Investigation rights adjustment is due to another large-scale reorganization being announced from the first year of the change.

They would not think that the “settlement of a new system of investigation rights” emphasized by President Moon Jae-in was completed in just two months. If so, there is no need to risk distorting overseas cases in order to promote’complete inspection’. Many of the hardline propulsionists are parties to prosecution investigations or court trials. As one of the legal professions said, is it possible that “the public is not seen in the’prosecution reform’ that the ruling party is talking about”?

Reporter Ha Jun-ho [email protected]

What’s wrong with the Serious Crimes Investigation Office




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