Cast: Shin Shin-sik, lawyer
‘Kim Gun-hee’s phone call’ revealed… legal controversy
Payment of 1,050,000 won in election strategy lecture fee…Is it legal?
Shin Shin-sik “Possibility of violating Article 10 of the Anti-Graft Act”
Shin Shin-sik “I can only give up to 1 million won for a lecture in an hour”
Shin Shin-sik “Payment of 1.05 million won in 30 minutes … to be subject to a fine for negligence”
Kim Geon-hee, “Come to our team… I can give you 100 million if you do.”
Kim Geon-hee “Hong Jun-pyo’s ‘cracking’ comes out a lot in Super Chat”
Shin Shin-sik “Possibility of violating Article 97 (2) of the Public Official Election Act”
Shin Shin-shik, “Candidate’s family cannot provide or express their intention to provide money”
Controversy over “ex-prosecutor and overseas package travel”
Ex-prosecutor “I had no personal relationship with Kim Gun-hee”
“Overseas travel”… ‘Immigration record’ controversy rekindles
Shin Shin-sik “Probability of forgery of public documents, falsification and alteration of public records”
Gwangju I-Park accident, “Dongdo collapsed a month ago” Testimony… Police investigation
Jung Mong-gyu “Apologizes to the family of the accident victim” … Resigns as chairman
Shin Shin-sik “Need to enact a special construction safety law, strengthen economic penalties”
◀ anchor ▶
Issue Plus Today, we are with Shin-Sik Shin. welcome.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Hello?
◀ anchor ▶
Yesterday’s MBC straight report. Candidate Yoon Seok-yeol’s wife, Kim Kun-hee, reported the transcript of a phone call with an internet reporter. Afterwards, we will ask the opposition and opposition panelists for their positions on any related or controversial parts. Now, I would like to ask Attorney Shin, if there are any possible parts of the remarks that could cause legal problems, let’s take a look at that part.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
First of all, the reporter listened to a 30-minute lecture from an internet media reporter and paid 1,050,000 won for the lecture. According to the Anti-Graft Act, public officials such as reporters can only give up to 1 million won for a lecture within an hour. And no matter how long it takes, it cannot exceed 1.5 million won. But if you say 1,050,000 won in 30 minutes, you have already doubled it. It was aimed at reporters, and this is because, for the sake of third parties, he gave a public official more than the amount forbidden by the Anti-Graft Act to give this money to a public official, that is, for candidate Yoon Seok-yeol. Therefore, this is subject to a fine for negligence. Both to the person who received it, and to the person who gave it money. However, this was not only a violation of the Anti-Graft Act, but also the fact that he paid reporters to give lectures, offered 100 million won and asked to work with me like this about 20 times, and then sharply criticized Candidate Hong Jun-pyo, so please do this. Please give me some criticism. That way, more Super Chat will come. But if you look at what you’re talking about, when you report in favor of the Voice of Seoul, you even say that I sponsored you under a car name in a different way. Such things seem highly likely to violate Article 97 (2) of the Public Official Election Act.
◀ anchor ▶
What is clause 2?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
It is a clause called restrictions on acts for the illegal use of broadcast newspapers. It is also against the law to offer, express, or promise to provide money, entertainment, or other benefits.
◀ anchor ▶
Is this internet included?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right. Because it’s an internet media scam, it’s not a private broadcast.
◀ anchor ▶
Because it’s an internet press.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
This is because it is a media company. A person who violates this rule may be punished by imprisonment for not more than 7 years or by a punishment of not more than 20 million won. So, in my view, the violation of the Anti-Graft Act is very clear. Beyond the violation of the Anti-Graft Act, there is a possibility of actually violating Article 97 Paragraph 2 of the Public Official Election Act, so this part seems to be a part to be considered by the National Election Commission or the investigation agency because it is already known.
◀ anchor ▶
I’ll have to try the rules. What is the matter, about this.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
So beyond the anti-graft law.
◀ anchor ▶
Are you saying that the anti-graft law is clear even now?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
It seems very obvious to me. Because the enforcement ordinance stipulates that it cannot exceed 1 million won for an hour, the amount. for lectures. But he was a journalist. So, in this part, the possibility of violating the Anti-Graft Act is somewhat high, and furthermore, I think that it is necessary to examine whether Article 97 of the Public Official Election Act is violated. And this is part of the Public Official Election Act. In Article 89 of the Public Official Election Act, there is a provision that prohibits the establishment of similar institutions. In other words, you cannot use any organization, organization, organization or facility other than the reported election campaign organization and election committee. It’s like this. This allows other organizations to act in the intra-party primary. However, in the case of an actual election, that is, in the case of passing the intra-party primary, or even if the internal primary is in progress, since it is almost certain that I will pass the internal primary, Kobana Contents will not actually engage in any direct or indirect activity to win Seok-Yeol Yoon and lose candidate Jae-Myeong Lee. If you do, this may violate the regulations prohibiting installation of similar institutions.
◀ anchor ▶
Does this apply even during the competition?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
No, it does not apply only to primary purposes during intra-party primary. However, even if you are in the primary race, if you did something to drop candidate Lee Jae-myung or to drop the other candidate, then that would be a problem. Actions to defeat Hong Jun-pyo.
◀ anchor ▶
Are you saying that it could be a problem if it was installed inside the party to drop the opponent’s candidate?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Because this is an institution where Kobana Contents originally existed, but my aunt in Seoul, my aunt, went to Kobana Contents and gave a lecture for the election. And if you came to us and said that it would be nice to work, it would be something like this. When a wealthy man who owns his own company ran for chairman Chung Ju-young at Hyundai in the past, wasn’t all Hyundai affiliates mobilized? All of this is against the establishment of a similar institution, in fact. In other words, if you say that you are organizing a lot of certain social groups, owning a company, or having a research institute, or that these organizations are mobilized for elections, it is a violation of the ban on the establishment of similar institutions.
◀ anchor ▶
What if, Kim Gun-hee? If this reporter was reluctant to go to the Kovana Contents office.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
I was reluctant.
◀ anchor ▶
If he was reluctant, wouldn’t it mean that he was aware of the illegality?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
awareness. There is data about Jung Dae-taek, how can I deliver it? This was straight out yesterday. Then there is CCTV and it’s not good to see people coming and going, so I’ll send an employee in front of Paris OOO, so give it to that person. In other words, I was very reluctant to let this reporter come and go with Kobana contents. I was reluctant to expose it. If so, you can raise doubts about whether there was a certain awareness of illegality. However, at that time, it was in the middle of the primary, so I remember around September. Since it is in the middle of the primary, it seems necessary to distinguish whether this part is for the loss of candidate Lee Jae-myung or for victory within the party.
◀ anchor ▶
If there is a specific circumstance that that part is to defeat Lee Jae-myung, that could be a problem.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
To be elected president or to defeat an opponent. Election campaigns are when I get elected or my opponent’s candidates are defeated. There is no relation to the intra-party primary, but in this case, I used a company called Kovana Contents to hire people and mobilize them to help my husband’s election campaign, depending on how additional facts are revealed. If it is said that he personally contributed, it is a completely different matter from the election campaign.
◀ anchor ▶
Is that so?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Because it is a matter of whether or not similar organizations were mobilized.
◀ anchor ▶
What about the other parts? Is there anything more problematic? By the law?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
The part that could be a legal problem was that he denied the fact that he left the Czech Republic on July 8, 2004 and went on a trip for 11 days and 10 nights with the prosecutor, who eventually denied it. I also went and came. But just because I went with my mother and another person named Jason, I was talking as if there were four of us. Also, there were three people who were called close associates. Prosecutor Yang, his mother, and Choi Eun-soon went and said this, but if you look at what came out yesterday, they say that several people came and went with a package. It remains to be seen which is the truth, but the problem is that there are no immigration records before 2009, neither the former prosecutor Yang, nor the former prosecutor Kim Gun-hee.
◀ anchor ▶
Are you saying that someone deleted it?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right, why not? This was not confirmed by anyone personally covering it, but during the trial in the court In 2011, during the trial, the court requests a fact inquiry. Is there a record of access control at the Immigration Office for Foreigners? When I asked if there was any immigration record, I got a reply that there are after 2011, but no one before 2009. Then who the hell is the head of the Immigration Control Office for Foreigners? It turned out that he was a close aide to Candidate Yoon Seok-yeol, but it wasn’t that he did it himself, but somehow.
◀ anchor ▶
Because I have such doubts.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Coincidentally, it’s gone. Then, forgery and falsification of official documents, etc. under the Criminal Act, Article 205 of the Criminal Act, forgery and alteration of public documents, etc. Or, there is a high probability that it will fall under the crime of forgery or alteration of public records. This is very sinful.
◀ anchor ▶
Hasn’t there been an investigation to find out who got it down?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right. It didn’t happen. In some ways, there is a need for investigation because the statute of limitations has passed. As for who and how many people who said they went together, the statements were slightly mixed, but they went together.
◀ anchor ▶
Yesterday, Kim Gun-hee spoke with her own mouth.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
We talked with our mouths, and Yang Jae-taek also talked about it. How the hell did this happen?
◀ anchor ▶
Why did the immigration control records disappear?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
why did you disappear
◀ anchor ▶
It was the record of the trip at that time.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
I can’t understand this a bit. Because it is a public record.
◀ anchor ▶
The reason why some media outlets paid attention to whether or not he accompanied Yang Jae-taek. Through this personal relationship with Mr. Yang Jae-taek, what kind of prosecution power was used to put pressure on the prosecution, so did his relationship with Yang Jae-taek draw attention?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right. In addition to former prosecutor Yang, Mo Yang also had a civil and criminal dispute with Choi Eun-soon for over ten years, but now, Yang Jae-taek, former prosecutor Yang, took care of his back. That is why I was punished or Choi Eun-soon was able to win all civil lawsuits, and many of Choi’s officials, who were punished, were punished.
◀ anchor ▶
Were there any reports of such suspicions?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
It followed and other media reports also explored and covered the travel expenses at the time, and after traveling before and after the trip, Choi Eun-soon was the wife of former prosecutor Yang Mo, and was the father of geese with their children in the United States, so I went to study abroad. just because. What is the reason for remittance of more than 20 million won in Choi Eun-soon’s name? Isn’t this suspicious of bribery? Reports like this continued.
◀ anchor ▶
What did Prosecutor Yang explain, about the money?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Prosecutor Yang told the so-called Jason that he had been traveling with him and asked him to send some money to the man he had traveled with, but he does not know why Eunsoon Choi sent the money. However, Jason is not currently in Korea and it is said that he immigrated to the United States or Canada.
◀ anchor ▶
Jason’s true identity hasn’t been fully revealed yet? Because there was no immigration record at that time, so is that related?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right. The exact details have not yet been revealed, but it is not yet clear whether Mr. Jason is a fictional character or a real person.
◀ anchor ▶
It hasn’t been revealed for sure yet.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
That’s why it was important whether or not the former prosecutor accompanied the sheep yesterday. One of the reasons it aired on some of our MBC straights was because a lot of suspicions surrounding the relationship were raised.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
What legal benefits did the mother and daughter of Kim Geon-hee receive through that personal relationship? Because certain circumstantial suspicions have been raised.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
There was a report. So, for those who suddenly did not know the circumstances, you might think that it is important to go on a package tour. This part is the so-called travel expenses, and then Choi Eun-soon paid Prosecutor Yang’s and former Prosecutor’s wife about 20 million won. what was sent Wasn’t this at any cost? And in return for that, didn’t you look after Choi Eun-soon?
◀ anchor ▶
The exact wording, that is, whether or not we went on a trip together, was just mixed, but the former prosecutor both said that he went.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
I did.
◀ anchor ▶
I think I did.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
I did.
◀ anchor ▶
Also, if you look for some reports, you will find that there is no personal relationship.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
Whether it can be said that the fact that we went on a trip together has little to no personal relationship is a part that can be slightly skewed.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right. You said you went with a package and you said you had no personal relationship at all. He said that he had to go because his wife couldn’t go. Then, it would be that Kim Kun-hee knew everything about her existence, her circumstances, and the circumstances at that time.
◀ anchor ▶
Are you saying that not having a personal relationship is a bit of a contradiction?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
Then, it was confirmed by the person’s mouth in a situation where there were various suspicions. If so, why did it become a problem at that time, so that part of the immigration control record was completely deleted and deleted? That part is suspicious.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
It’s questionable.
◀ anchor ▶
Is this the part that adds a bit of suspicion?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
So, I am curious about what happened at the Immigration Office for foreigners between 2009 and 2011, and there are many things that many people can raise suspicions about.
◀ anchor ▶
And legally, this is not a big deal. We will discuss it again in the political section later. Regarding the investigation of the Minister of Homeland, Candidate Seok-Yeol Yoon has been constantly emphasizing that the investigation is based on a certain fairness and common sense, but I think he said that it was a political clash.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
There was one part that caught my attention.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
This does not mean that Mr. Kun-hee Kim was in any public office at the time, but as a result, this is how Mr. Gun-hee Kim’s remarks had what effect on the then Prosecutor General Yoon Seok-yeol. What kind of judgment did Na-na or Yoon Seok-yeol make to tell Kim Gun-hee about that?
◀ anchor ▶
It was expressed in this way of making a certain judgment and possibly conveying the story. I’ll ask you again later. I can’t help but talk about modern industrial development. Were there any accidents before that?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
A month ago, the concrete slab collapsed while pouring concrete on the 39th floor of Building 203, which is in Building 201 next to it. But at least that amount didn’t go to chain collapse.
◀ anchor ▶
It was a similar accident.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
The truth is that there was a similar, almost similar accident a month ago, only different in size. However, the problem is that there has been no proper management and supervision after that.
◀ anchor ▶
In the end, the president resigned after coming late and causing casualties, right?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Hyundai Industrial Development HDC Hyundai Industrial Development So, I resigned from the position of chairman of a construction company. However, since he said he would fulfill his role as the largest shareholder in his role as a shareholder, he meant that he would maintain his position as chairman of a holding company called HDC.
◀ anchor ▶
Are you saying you want to keep it as a real influence?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
I want to keep it as it is.
◀ anchor ▶
Lastly, the Construction Safety Special Act, this is why it is necessary. Because of this, it seems that it is being raised a lot this time, but those who oppose it say that it overlaps with the Major Disaster Act, does it overlap or is it different?
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
There may be overlapping parts. However, in our criminal law, there is also a crime of murder. Under the Special Act, there is also a law with aggravated penalties for murder. Therefore, certain criminal responsibilities under the Criminal Act are provided under the Criminal Act under the Serious Accident Punishment Act. In the case of the Construction Safety Special Act, civil orders are no longer accepted, but construction orders are received.
◀ anchor ▶
It sounds like a very important story. Because money matters. Accidents happen because of this money.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
Rather, the voices in the field are saying that it is necessary to go one step further and to pay punitive damages and to further strengthen the economic penalty that the company can go bankrupt if safety measures are not taken properly.
◀ anchor ▶
I can guess what the opposing public opinion is, but in a situation where human casualties are constantly repeated like this one, economic damage. I think that giving the financial burden seems to be the best way.
◀ Shin Shin-sik / Representative Law Firm Minbon ▶
That’s right.
◀ anchor ▶
I will listen to you today. thank you.
When citing an interview in the body of an article, [MBC 뉴스외전]Please indicate that this is an interview with
MBC News awaits your report 24 hours a day.
▷ Tel 02-784-4000
▷ Email mbcjebo@mbc.co.kr
▷ KakaoTalk @mbc report
.
