On the 16th, Vice Minister of Justice Lee Yong-gu is giving a joint briefing on the 3rd Fair Economy Act at the briefing room of the Seoul Government Complex. [연합뉴스]
– Criticism from both inside and outside the prosecution is aggravating as the fact that the taxi driver’s assault case by Vice Minister of Justice Yong-gu Yong-gu was “closed internally” was belatedly known.
“If this is not’violence on the road’… ”
– In particular, the fact that the Ministry of Justice ordered a’thorough investigation of violence on the road’ in August last year, when Vice Minister Lee served as the head of the Legal Affairs Office, is being refocused. At the time, the Ministry of Justice announced that “from January 2017 to the latest, a total of 4,922 people were punished for violating the law on the aggravated punishment of certain crimes (driver assault, etc.), and 104 of them were arrested.” At that time, the Ministry of Justice cited a case in which a suspect who threw a coin and threw a coin at a taxi driver was arrested.
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[페이스북 캡처]
– There are many opinions in the legal profession that the’driver assault under the special price law’ introduced in the press release falls under this loan case. According to the police, Lee was drunk in early last month, swearing at a taxi driver and arresting him, but the police considered it a simple assault and the internal affairs were closed. Unlike the Special Act, simple assault cannot be punished unless the victim wants to punish the perpetrator. On the other hand, if the special law is applied, the victim is subject to aggravated punishment regardless of the intention of the victim.
At the time of the order (to thoroughly investigate violence on the road), the former prosecutor, Kim Woong, said, “At the time, Vice Minister Lee was the head of the Justice Department of the Ministry of Justice. Deputy Minister Lee urged him to immediately arrest and investigate the person who swears by the taxi driver.” He said, “We must order an investigation into the Seocho Police Station, which gave indulgence to those who committed serious crimes against this order. Otherwise, it was against the order of the Ministry of Justice.”
“Is this the prosecution reform?”
– There are many opinions within the prosecution that it is clearly subject to the special price law. Several criminal chief prosecutors said, “According to the Special Act handed over to the prosecution, 90% of cases of driver assault sent to the vehicle will be assault while stopping.” According to Article 5 10 of the Act on Specific Crimes (Aggravated Punishment, etc.)This includes cases where the driver temporarily stops for passengers to board or get off the vehicle while the vehicle is being operated.“It is written.
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– One prosecutor said, “If you read the law, it is a case that cannot be applied as an assault,” and doubted, “Is it difficult to find an advantageous legal basis for’closing internal affairs’.”
Another deputy prosecutor raised his voice, saying, “We must investigate the driver’s assault case in full under the Special Act sent by Seocho-seo to see if it is the proper disposition.” He also said, “If there is someone who instructs you to’cover up’, it is an ex officio abuse, and those who cover up are abandoning their duties.”
Some point out that even if the law is applied as an assault crime, it is not advisable to close the internal affairs. This is because the 112 report was filed, and there was a statement of the victim. ▶After making the case, it is to be treated as’no public prosecution’ and received the command of the prosecution.
In response, a lawyer who was a former chief prosecutor said, “Because the internal affairs are closed, the prosecution cannot filter them out.” .
“You must discipline yourself in the bargaining agreement”
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![Justice Minister Choo Mi-ae (left) and Lee Yong-gu, the new vice minister of Justice, are moving for lunch at the Gwacheon Justice Ministry building in the morning of the 3rd. [뉴스1]](https://i0.wp.com/pds.joins.com/news/component/htmlphoto_mmdata/202012/20/b22e29f4-1a3e-46df-80ef-c5754fceba7b.jpg?w=900&ssl=1)
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Justice Minister Choo Mi-ae (left) and Lee Yong-gu, the new vice minister of Justice, are moving for lunch at the Gwacheon Justice Ministry building in the morning of the 3rd. [뉴스1]
– Criticism about the appropriateness of performing the vice minister’s job also continues. After the resignation of Justice Minister Choo Mi-ae, along with Democratic Party lawmakers Park Bum-gye and So Byung-cheol, Lee is mentioned as’post Chu Mi-ae’, that is, the successor attorney general. It has also been said that the vice minister In-seon itself is In-seon with a change of minister in mind.
One prosecutor said, “Because lawyers are also subject to disciplinary action for their duty to maintain dignity, disciplinary procedures must be conducted at the level of the Seoul Association or the Korean Bar Association. “Do it”. In the midst of this, the Solidarity of Actions for the Right to Rule of Law (Legal Refinement) filed a complaint with the Supreme Prosecutors’ Office on charges of violating the Special Offer Act on the 19th.
Reporters Sumin Kim and Yujin Jung [email protected]
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