■ Broadcast: CBS Radio FM 98.1 (07:20~09:00)
■ Progress: Kim Hyun-jung, anchor
■ Conversation: Hwang Un-ha (Democratic Rep.)
“It must be dealt with before the end of President Moon Jae-in’s term.” That’s the Democrat’s policy. So, the Democratic Party proposed two bills last Friday, the Prosecutor’s Office Act Amendment and the Criminal Procedure Act amendment bill, with the names of all members of the House of Representatives included. The people’s power is strongly opposed to the legislation, saying it is a hasty legislation. Prosecutor General Oh-su Kim even issued a resignation letter yesterday. Given the current structure of the National Assembly, no matter how much opposition opposes it, it can be done if the Democrats will do it. But what matters is the opinion of the people. Is the public’s consent ripe enough to pass this bill in just a week or so? One of the most active people in proposing this bill. I will connect with Rep. Hwang Un-ha of the Democratic Party to hear more details. Assemblyman Hwang Un-ha, are you with me?
◆ Hwang Un-ha> Yes, hello.
◇ Kim Hyun-jung> Yes, hello. In fact, I know that there were some voices of concern within the party even at the beginning of last week. Were all Democrats participating in the bill?
◆ Hwang Un-ha> Yes. Because it was a fierce debate so that opinions within the party could be freely expressed through fierce debate, but the conclusion was reached that let’s proceed with the party argument. The bill was proposed by lawmaker Park Hong-geun, who was the floor leader of the party, which was decided by the party argument, and all of the 172 lawmakers, including Park Hong-geun and 171 members, were listed as co-sponsors.
◇ Kim Hyun-jung> All parties agreed.
◆ Hwang Un-ha> We can discuss how much we disagree with the ideal determined by the party argument, but it is the duty of a party member to follow the ideal determined by the party argument.
◇ Kim Hyun-jung> I’m also curious about how you plan to handle bills. I saw that National Assembly Speaker Park Byeong-seok was leaving on the 23rd, this Saturday.
◆ Hwang Un-ha> Yes.
◇ Kim Hyun-jung> Is that right? So, are you aiming to process the plenary session before that?
◆ Hwang Un-ha> I don’t think it’s appropriate to mention the internal strategy. First of all, the floor delegation thought a lot about this and told the public that it would be dealt with within the extraordinary session of the National Assembly in April. You might even come to an agreement. Also, in case an agreement cannot be reached, there are several strategies that are allowed under various National Assembly laws. This is the strategy that the floor delegation is envisioning. The reason I’m going to tell you this in detail is because of the strategy I’m talking about. I think it would be very disrespectful to the floor delegations to go into detail without knowing it in detail. That’s not what I’m talking about.
◇ Kim Hyun-jung> But, there are not many cases that I can think of because there are only a few days left.
◆ Hwang Un-ha> Yes, it was all reported in the media, didn’t it?
◇ Kim Hyun-jung> That’s right. First of all, it seems clear now that they are aiming for the fear of May 3 because it will be dealt with within the term of President Moon Jae-in. Are you leaving after Chairman Park Byeong-seok, or do you hand over the social rights to the Vice-Chairman of the National Assembly and leave? There were only two options before and after Chairman Park Byeong-seok’s departure. Look. right?
◆ Hwang Un-ha> Yes. So, if you look at it step by step, you have to pass the Judiciary Committee. The Judiciary Committee has to pass, but from what has been reported in the press and of course at the Judiciary Committee, it is expected that an agreement cannot be reached because the people’s power is against it. I did. So it’s not just a matter of concluding that there will never be an agreement.
◇ Kim Hyun-jung> Do you think there is a possibility of an agreement? I don’t think that’s the atmosphere right now.
◆ Hwang Un-ha> Yes, of course, the atmosphere is like that. However, it is something that can be argued strategically, and if we examine the contents of the bill carefully, we can reach an agreement. I think there is such a possibility. As reported in some media right now, the prosecutors naturally object to this, but apart from the opposition and conservatives, this is not a matter of the opposition and the conservatives and progressives. So I’m not sure who the chairperson or vice-chairperson will be in charge of, but I am optimistic because they will understand the purpose of advancing the criminal justice system. in any case.
◇ Kim Hyun-jung> Yes. You left the possibility of an agreement open, but that doesn’t seem like a big possibility. Vice-Chairman Park Byung-seok is leaving the country this week on a Saturday, but it is not physically easy to handle it before that. They say there are filibusters now. In that case, are you saying that you will hand over your social rights to the Speaker of the National Assembly or the Vice President of the National Assembly belonging to the Democratic Party? Did you hear the answer?
◆ Hwang Un-ha> I know that the chairman hasn’t answered yet. The chairman will consider it carefully. Chairman.
◇ Kim Hyun-jung> You didn’t answer.
◆ Hwang Un-ha> Yes. I know that the chairman hasn’t given a clear answer to that part yet, and the chairman will consider that part too. Whether you want to hand over the ESC rights as the chairperson or you have other plans. That part is for the chairman to talk about, so it doesn’t seem appropriate for anyone else to comment on it.
◇ Kim Hyun-jung> I see. All right. Gaining public consensus is the most important thing. Hwang, Mr.
◆ Hwang Un-ha> That’s right. Most important.
◇ Kim Hyun-jung> The most important thing, but I was confused yesterday when I saw the resignation of Prosecutor General Kim Oh-soo. In other words, police chief Oh-su Kim took the lead in reforming the prosecution more than anyone else, and last year, with the help of Minister Cho Kuk, wasn’t he the one who took the lead in making the police take the power to investigate all crimes except for the six major crimes?
◆ Hwang Un-ha> Yes. right.
◇ Kim Hyun-jung> That’s right. But even President Kim Oh-soo said, ‘I can’t understand this time. It is appropriate to discuss system reform after the new criminal law system related to people’s human rights has been in operation for at least 10 years.’ That’s how I get my resignation.
◆ Hwang Un-ha> That’s right.
◇ Kim Hyun-jung> From the point of view of the people, ‘No, it is. Last year, we came up with a plan to adjust the powers of police investigation, but after a year, it is correct to take even 6 crimes without properly evaluating it, shouldn’t we discuss it more?’ Because you can think like this.
◆ Hwang Un-ha> You can.
◇ Kim Hyun-jung> What do you think?
◆ Hwang Un-ha> In a broad sense, it is expressed as investigation and prosecution separation, so-called inspection and inspection, but our Democratic Party thinks that the expression of inspection and inspection is an incorrect expression. I would like to call it the Investigation and Prosecution Separation Act. In a broad sense, our Criminal Procedure Act was enacted in 1954. At that time, he gave the prosecutor the power to investigate and prosecute. When both the investigative and prosecuting powers are given to the prosecutor, the legislators believe that this is temporary and the prosecutors are responsible for the investigation and prosecution of the police. A combined investigation and prosecution system that legislators envisioned more than 70 years ago. The prosecutor-centered criminal justice system has been around for 70 years, already. I haven’t run it for 10 years, but I’ve tried it for 70 years. In the meantime, a consensus was formed that the investigation and prosecution should be separated, and then President Oh-soo Kim agreed to the separation of investigations and prosecutions at the time of the hearing or just before the appointment of the president, and even President-elect Yoon Seok-yeol agreed. After those people were appointed as the Prosecutor General, they said something different. So that part is rather difficult to understand.
◇ Kim Hyun-jung> But, as I said now, even among those who do not oppose or support the separation of investigation and prosecution, for example, the Minbyun, the Solidarity for Participation, or even academia, it is not in such a rush. The police have already investigated for a year except for the 6 major crimes through the Prosecutor’s Office Adjustment Plan, so isn’t it right to evaluate and supplement it, and then come up with all the alternatives to the 6 major crime investigations? you are doing
◆ Hwang Un-ha> I will tell you a few reasons. First, it is divided into stages 1 and 2, the first stage is to leave the six major crimes in the prosecution, and the second stage is to remove even the six major crimes from the prosecution. However, it must be premised on the fact that the prosecution actively cooperates with the purpose of prosecution reform, which is the abolition of direct investigation or reduction of the level of abolition. However, after the prosecution carried out the first-stage prosecution reform, that is, the first-stage prosecution reform that left only the six major crimes to the prosecution, the prosecution itself cooperated with the purpose of this prosecution reform and did not implement follow-up measures. have continued to listen. I can’t go into much detail here, but last year, the prosecution and the Ministry of Justice reported from both sides on the progress of the reform in response to the various recommendations recommended by the Reform Committee and the Justice Prosecutor’s Reform Committee at the National Assembly. I’m not doing anything. They are not doing anything about the initiation of follow-up measures such as manpower and budget. In other words, the prosecutors themselves were taking the same stance as before the reform of the first stage of the prosecution. In other words, they are denying reform.
◇ Kim Hyeon-jeong> Then, the plan to adjust the police and police investigation authority by continuing to walk on the other side, did not work properly for a year.
◆ Hwang Un-ha> That’s right. In fact, it has been denied.
◇ Kim Hyeon-jeong> Then, after reinforcing it and perfecting it, we have to go to the 6th crime.
◆ Hwang Un-ha> There is no other way.
◇ Kim Hyun-jung> If you make a mistake, there will be a gap in the investigation, even the 6 major crimes.
◆ Hwang Unha> There is no space. There are misconceptions about this. There are no spaces. First of all, I was given a grace period of three months, but during the grace period of three months, the prosecution has the right to investigate during the grace period. After 3 months, 3 months is enough time for the police and opposition parties to reach an agreement and create a new investigation agency, whether it be a serious crime investigation agency or a special investigation agency. And assuming that the agency is the heavy water agency, you can transfer the existing prosecutors, the existing prosecutors, and the prosecutor’s personnel to the heavy water agency. For example, the blacklist claimed by the opposition party or the nuclear power plant investigation, the investigation team can be transferred as it is.
◇ Kim Hyun-jung> Would 3 months be enough? to make the middle water. Hwang, Mr.
◆ Hwang Unha> Enough. It’s a practical procedure that has been verified. So that’s why there are no spaces at all. And it has been confirmed that unless the investigation and prosecution are separated, the prosecution reform has no meaning whatsoever. This is the first reason. The second is that something hard to imagine actually happened where we went from a former prosecutor general to the president. Many people are concerned that concerns about the Prosecutor’s Republic have become a reality. This aspect cannot be overlooked. If you don’t do it now, it may not happen in 20 or 30 years. That’s why reform has a timing. Therefore, realistically, after the inauguration of President-elect Yoon Seok-yeol, we have to analyze whether it is practically impossible to discuss or promote this bill. So, can’t anyone predict the exercise of the veto by Seok-Yeol Yoon? In anticipation of such a thing, I don’t think it’s any different from saying “let’s discuss it further” means not to do it.
◇ Kim Hyun-jung> Then, I wonder what would have happened if the discussion had begun in earnest. Now, there is only one full month left.
◆ Hwang Un-ha> Yes, that’s what I’ve been preparing since February of last year. We have been preparing since February of last year, but we have been putting it off because the people’s livelihood is our priority, and from the perspective of our Democratic Party, we did not expect that a former prosecutor general to go straight to the president would happen. So, there are a lot of concerns about the realization of the Prosecutor’s Republic.
◇ Kim Hyun-jung> I see. Now, some people are talking about it. Some of the lawmakers who are leading the bill this time are not currently the subject of prosecution investigations or the accused.
◆ Woon-Ha Hwang> It seemed like you were talking about me. I am the defendant on trial. I am the defendant. If the criminal justice system, where investigation and prosecution were separated, investigation and prosecution had been separated, I don’t think there would have been any prosecution. In other words, it was a case in which the prosecution was forcibly charged with a conclusion of indictment. In other words, the prosecution wrote such a novel-like indictment and forced it to fit in, and I was indicted without ever conducting an investigation like I did not know whether I would be acquitted or not.
◇ Kim Hyun-jung> Is that so?
◆ Hwang Un-ha> This is very difficult to achieve. As a result, he has been facing an unfair trial for over two years. If any member of the National Assembly, regardless of the opposition party, experienced this kind of case, everyone would probably agree to the immediate separation of investigation and prosecution, saying that they had no idea that the harms of the combined investigation and prosecution would be this serious. And the so-called Ulsan case is a typical case of abuse of the prosecutor’s powers, in which the prosecution’s crimes were covered and the crimes were not covered. Kim Ki-hyun is always excessively cosplaying as a victim and asserts that he is innocent and the Ulsan National Police Agency over-examined himself at the time, but the truth is that the prosecution intentionally covered up the corruption of Kim Ki-hyun’s brothers or Kim Ki-hyun’s own corruption. go. Rep. Kim Ki-hyun became the biggest beneficiary of the abuse of prosecutorial power. I hope that there is no misunderstanding among the people.
◇ Kim Hyun-jung> Because Kim Ki-hyun appeared last week and he said the exact opposite.
◆ Hwang Un-ha> So I want to raise an objection to that part. After that, I’m just being tried, and in the end, I’m just getting a very unfair trial. In addition, they are being targeted by the prosecution due to the combination of investigation and prosecution, so they are undergoing an unfair trial, but this has nothing to do with the prosecution’s investigative powers. I’m on trial. It’s not under investigation.
◇ Kim Hyun-jung> I see. Assemblyman Hwang, regarding the progress of the trial in the first instance, Assemblyman Ki-hyun Kim’s interpretation and Assemblyman Woon-ha Hwang’s interpretation are completely different, but it is not something we can make a decision on, so I listen to each individual’s opinions.
◆ Hwang Un-ha> That’s right.
◇ Kim Hyun-jung> Let’s continue the interview. Now, the chiefs of high prosecutors across the country are holding a meeting and the possibility of collective resignation is emerging. He said there is also a reviewer’s meeting tomorrow. There seems to be a possibility that it will spread to the sword, but how will the Democratic Party respond?
◆ Hwang Un-ha> Collective action is prohibited under the National Public Officials Act. You know. So, in the past, all of the teachers in the school had issued a collective statement, but they were all charged and convicted. Prosecutors are now the only privileged group to act collectively and not be prosecuted, convicted, or sanctioned.
◇ Kim Hyun-jung> 20 seconds.
◆ Hwang Un-ha> I think people will be worried about this. The Democratic Party will push forward this issue unwaveringly, with strength and courage, yet wisely. The prosecutors’ organizational selfishness will be judged by the people, I see.
◇ Kim Hyun-jung> I’ll listen up to this point. Thank you.
◆ Hwang Un-ha> Yes.
◇ Kim Hyun-jung> It was Assemblyman Hwang Un-ha.