This is the first sentence of the formal position of the law enforcement on the revision of the govt buy of the so-identified as ‘Inspector’s uniform’, the restoration of the investigative authority of the prosecution.
On the 22nd, the Nationwide Police Agency presented to the Ministry of Justice a review viewpoint on the revision of the discipline on the scope of the crimes promoted by prosecutors and on the abrogation of law enforcement regulations.
The 35-web site A4 sheet, together with deal with and table of contents, contains the “we will not acknowledge all” information of the “inspector’s uniform” enforcement ordinance, which the Ministry of Justice has declared for evaluation.
If you scan the information, you can see that the amendments to the Employing Decree are refuted one particular by 1 by the article, indicating: “It is unconstitutional and invalid due to the fact unlawful” and “The function of the so-called Inspection and Completeness Law is obviously” .
This doc is not a statement issued by an internal law enforcement physique that has strongly opposed the governing administration in the latest several years, this kind of as the Police Workers’ Council or the trade union, but a doc officially shipped by the headquarters of the Countrywide Law enforcement Company to the Ministry of Justice.
The Enforcement Decree of the Reopening of the Prosecutor’s Investigation Authority, declared by the Ministry of Justice on the 10th, is just a way to return the so-identified as “Full Inspection” regulation, which is the complete deprivation of the investigative authority of the Prosecutor’s Workplace.
Around the many years, each police and prosecutors have been ready to uncover crimes or receive grievances and examine. So when a civic team or target filed a complaint versus somebody, they selected the institution they wanted, no matter whether it was the regional police station, the Seoul Metropolitan Company, the Seoul Central District Attorney’s Business or the Supreme Prosecutor’s Workplace and file a complaint. I was equipped to see the law enforcement and the prosecution at the similar time investigating and battling in the identical scenario.
The scope of the immediate investigation by the prosecution, which had no limitations, was severely limited because of to the prosecution reform promoted by the Moon Jae-in administration.
Because January past calendar year, the prosecution has been ready to look into only key crimes, these types of as corruption crimes, economic crimes, civil servant crimes, election crimes, company defense crimes and big disasters. , which are known as the “six major crimes”. and major crimes these types of as financial crimes ”.
Nevertheless, the Ministry of Justice has broadened the scope of the immediate investigation on the grounds that “~” is added to the close of corruption and economic crimes in the enforcement get introduced this time. In certain, the prosecution’s authority was efficiently restored by qualifying the “place of work offenses” that had been canceled at the time of the assessment as “corruption offenses” and “trade protection offenses” as “economic offenses”.
① Legislative Objective ② Korean Dictionary ③ Separate Scenario Investigation ‥ Law enforcement “Motivation Letter”
The police cited this place as the major cause for the unconstitutionality of the inspector’s uniform.
At the time of the inspection, the govt and opposition events and the Ministry of Justice handed a legislation to eradicate four current elements right after mutual session. Nevertheless, if all features that were being out of date and eradicated are categorised as ‘bribery offenses’ and ‘economic offenses’ in the enforcement order, it has the outcome of likely directly in opposition to the function of the laws. Law enforcement spelled out that it was a departure from the enforcement get mandated by regulation.
Also for the expression ‘~ etc’ in ‘corruption crimes and economic crimes’, the police current a various interpretation. The police even pointed out the definition of the phrase in the normal Korean dictionary and expressed the opinion that ‘~ etc’ need to be interpreted as “a term that expresses by by itself ‘limitation’ of an object just after having enumerated the object”.
Nevertheless, in contrast to the police, the Ministry of Justice interprets the which means of the expression ‘~ etc’ as “a term that implies that there are ‘further’ factors of the similar variety”. direct investigation.
The law enforcement refuted this, indicating: “The kinds of crimes not too long ago included in the Enforcement Buy simply cannot be mentioned to be ‘of the identical type’ as corruption and economic crimes.”
In addition, the amended execution buy will allow the prosecution to right combine and look into conditions that are “straight associated” to situations sent by the law enforcement, in which “direct relevance” refers to at the very least 1 of the offender’s ①, ② legal specifics, and ③ proof It has been proven that it would be contented if we place it as a common denominator.
Police also criticized this, stating, “Even if the suspect who was being investigated by the prosecution testifies to a entirely different case, the prosecution will only be able to carry out a direct investigation due to the fact the offender is the exact same. I did.
Immediately after examining the official view of the Nationwide Law enforcement Company, I was curious to know the track record of the unusually severe feeling of the clerk delivered to the Ministry of Justice at the recently set up Law enforcement Department under the Ministry of Public Administration and Safety.
Adhering to the investigation, it was confirmed that the Countrywide Law enforcement Agency did not independently report or approve this act to the Law enforcement Division of the Ministry of Public Administration and Protection. It is identified that the belief prevailed in just the law enforcement that “there is no explanation for the intervention of the Ministry of Community Administration and Safety or to get hold of the consent of the Nationwide Police Agency for the revision of legislation and laws “.
As the document was handed in excess of to the Ministry of Justice as an formal posture of the Countrywide Law enforcement Agency under the model of the National Police Company, it was interpreted that it also contained the intentions of the new commissioner of the Nationwide Police Company, Yoon Hee – geun.
Adhering to the investigation, it was verified that it was real that Commissioner Yoon experienced been educated of the document in advance. On the other hand, it is unidentified how Director Yoon reacted when he study the doc.
Police officers mentioned that although Commissioner Yoon was appointed by the Yoon Seok-yeol administration, he is not blindly in favor of the “inspector’s uniform”.
Without a doubt, Commissioner Yoon, present at the Nationwide Assembly Administrative Safety Committee’s working report on the 18th, claimed: ‘Revision of the Ministry of Justice Enforcement Ordinance could undermine the function of revising the relevant regulation.’ he stated publicly.
In any circumstance, the visual appeal of the Nationwide Law enforcement Agency, a govt physique, which clashes head-on with the Ministry of Justice, a higher-level overall body, is sure to be a load for the corporation irrespective of justification or justification.
On the other hand, there is a sturdy inner latest that “the controversy initiated with the Ministry of Justice” was at the rear of the probability of this sort of a assert. Considering that “it is organic that the executive get simply cannot go in opposition to the mum or dad law,” he reported, “it is suitable to report the act opposite to the regulation as it is”.
However, it is unclear whether or not the police will even more oppose the “Inspector’s Uniform” enforcement ordinance over and above the stage of view presentation.
It is known that the Ministry of Justice has acquired views only from the National Law enforcement Agency, but is not communicating or talking about the views on the opinions transmitted to the police.
At the plenary meeting of the Legislative and Judicial Committee of the Countrywide Assembly on the 24th, Minister of Justice Han Dong-hoon explained, “I can’t especially reveal which part of the Inspector Uniform Enforcement Ordinance conflicts with (l ‘Inspection and Completion Act) “and” due to the fact the regulations are far too obvious. ” We make it obvious around and about yet again that we do not intend to transform the enforcement get in spite of the controversy.
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