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Supreme Court Sends Negative Review Opinion on Government's Amendment to the Public Officials Corruption Investigation Act

Supreme Court Sends Negative Review Opinion on Government's Amendment to the Public Officials Corruption Investigation Act

[Asia Economy Reporter Choi Seok-jin] On the 24th, it was reported that the Supreme Court Administrative Office sent a review opinion pointing out the problems of the amendment bill related to the High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) promoted by the ruling party to opposition party lawmakers.


In response, a Supreme Court official drew a line by stating that the review opinion did not express opposition to the amendment bill of the Gong-su-cheo Act, but it was conveyed that the opinion letter contained the judiciary's concerns about the contents of the amendment bill in various parts.


The Administrative Office of the Courts, in a six-page "Review Opinion on the Partial Amendment Bill on the Establishment and Operation of the Gong-su-cheo" submitted to the office of Yoon Han-hong, a member of the People Power Party, the day before, stated regarding the amendment bill that forms the Gong-su-cheo Chief Recommendation Committee with four members recommended by the National Assembly, "It is a matter under the jurisdiction of the legislative branch and a matter to be decided legislatively and politically," but also expressed concerns that "the essential authority and responsibility of the investigative agency, and the principles of checks and balances among investigative agencies for eradicating crimes by high-ranking officials should not be practically or procedurally impaired."


Regarding the Gong-su-cheo Chief's authority to request investigation cooperation from the heads of prosecution and police agencies, it expressed the position that "since Gong-su-cheo is not a superior agency of the Supreme Prosecutors' Office or the National Police Agency, it is questionable whether it is appropriate for the heads of related agencies to comply with the Gong-su-cheo Chief's requests."


It also pointed out that "it is necessary to review whether it is necessary to stipulate exceptions such as 'unless there is a justifiable reason' or 'unless there is a special reason.'"


The Administrative Office of the Courts expressed the opinion that regarding the increase in Gong-su-cheo investigators, "Increasing the number of investigators at the investigative agency and allowing unlimited dispatch of prosecution investigators from the Prosecutors' Office may cause various problems such as organizational bloat," and that "further review is needed."


It also pointed out that the provision requiring public officials to report to Gong-su-cheo if they become aware of crimes by high-ranking officials overlaps with provisions of the Criminal Procedure Act and expressed the opinion that further review is necessary.


Kim Yong-min, a member of the Democratic Party of Korea, proposed an amendment to the Gong-su-cheo Act last month that allows the National Assembly, instead of the negotiation group, to select four members of the Gong-su-cheo Chief Recommendation Committee after the opposition party refused to select candidates for the Gong-su-cheo Chief.


The amendment bill also includes provisions to relax the qualification for investigative prosecutors from "more than 10 years" of lawyer qualification to "more than 5 years," and to increase the number of Gong-su-cheo investigators from "within 40" to "more than 50 and within 70."


A new provision was also added that requires the heads of prosecution and police agencies to comply when the Gong-su-cheo Chief requests investigation cooperation.


The day before, the Democratic Party submitted the amendment bill containing these contents to the subcommittee of the National Assembly's Legislation and Judiciary Committee.


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.

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