* Cast: Yang Ji-yeol, lawyer
The Ministry of Public Administration and Security announces the final draft of the new ‘Police Department’…
Yang Ji-yeol “Enacting rules for the Commissioner of the National Police Agency, not simply controlling it, but actually managing it”
Yang Ji-yeol “Police organization, a structure that has no choice but to risk everything for promotion”
Yang Ji-yeol, “The minister’s influence on police personnel is growing”
What is the outlook for the operation of the Ministry of Public Administration and Security’s ‘Police Department’?
Yang Ji-yeol, “Insufficient justification for controlling the bloated police power”
Yang Ji-yeol, “In the case of the prosecution, most of the investigation can still be done directly.
New Supreme Court Candidates Gyun-Yong Lee, Seok-Jun Oh, and Young-Jun Oh
Yang Ji-yeol “The three candidates are from Seoul National University. They are typical elites and legal experts, but it is a pity that there are no personnel who can handle social diversity.”
All three candidates are male, Seoul National University
Yang Ji-yeol “I can appoint nearly 13 Supreme Court justices within the term of President Yoon Seok-yeol…The color of the Supreme Court will change a little more conservatively”
◀ anchor ▶
Issue Plus. Today, we will discuss social issues with lawyer Ji-Yeol Yang. welcome.
◀ Ji-Yeol Yang/Attorney ▶
hello?
◀ anchor ▶
You just saw the report. A new police department has been proposed. First.
◀ Ji-Yeol Yang/Attorney ▶
It doesn’t look like much has changed from what was foretold. As you have heard, we are going to create 3 departments and assign about 16 people. Rather than simply dispatching the police, the police will come and work within the Ministry of Public Administration and Security, and it will be established as a place of work. The police will be in charge of the two divisions, but in one division, an administrative staff from the Ministry of Public Administration and Security is expected to take over this division. However, if there is something to be concerned about, as pointed out in the past, there was a controversy as to whether this was a recall of the past police department, which could undermine the independence of the police, and the Minister of the Interior and Safety cannot do that. So, although it is meant to control the excessive police power, one of the most worrying parts is that, as we saw in the report a while ago, the right to set the rules. Enacting rules for the Commissioner of the National Police Agency means that the Minister of Public Administration and Security can effectively decide how the police will be run. In that case, it is not literally simply controlled, but can be managed effectively. And although all the personnel-related departments mentioned earlier that the police are assigned to them, isn’t it the prosecution organization that is representatively compared to the police? Because of the structural nature of the police, the police have no choice but to follow the government more and more national personnel in personnel affairs.
◀ anchor ▶
Yes.
◀ Ji-Yeol Yang/Attorney ▶
Even now, however, there is a personnel department and there is a police in the personnel department, so there is a part where the police assigned to the Ministry of Public Administration and Security look at who other than the Minister of the Interior and Safety.
◀ anchor ▶
If so, how were greetings done before?
◀ Ji-Yeol Yang/Attorney ▶
Previously, this was done within the Police Department, and, of course, in the process, personnel verification for high-ranking positions was conducted in the senior civil affairs office. However, it was said that because the senior civil affairs office disappeared, there was no choice but to have a separate organization in charge of personnel management for the police. However, if the HR department was newly established like this, it would be possible to oversee the whole, and from that point of view, it can be said that the influence of the minister on HR has increased.
◀ anchor ▶
In the past, was it a form of negotiating with the Ministry of Public Administration and Security after identifying personnel targets within the police organization?
◀ Ji-Yeol Yang/Attorney ▶
That’s how it was, and the most important people, such as the chief of public affairs and the chief of public security, had personnel verification done in the senior civil affairs office. But isn’t the chief civil affairs office gone?
◀ anchor ▶
Then, if we simplify the whole of this personnel management a little bit, the direct control that governs, about personnel matters. I can’t help but see it getting stronger.
◀ Ji-Yeol Yang/Attorney ▶
I can’t help but see it that way. The Minister of Public Administration and Security will exercise the personnel authority of all police officers, and although the personnel department is said to be from the police, they must be under the direction of the Ministry of Public Administration and Security anyway. Since the Minister of the Interior and Safety has it, then the Minister of the Interior and Safety also manages how things are done from start to finish.
◀ anchor ▶
What exactly is rulemaking power?
◀ Ji-Yeol Yang/Attorney ▶
Right now, there is a constitution, there are laws, there are no rules? Even if there is a law on the operation of the National Police Agency, the law makes it a rule to specify who, how, and to whom work will be distributed, and which party will pay more attention to which work. It is in each department. such things. But the rules are made by the Ministry of Public Administration and Security, not the Commissioner of the National Police Agency.
◀ anchor ▶
Did the chief of police make it in the past?
◀ Ji-Yeol Yang/Attorney ▶
It was not made by the Commissioner of the National Police Agency, but the Ministry of Public Administration and Security was not directly involved in that part. Ieast.
◀ anchor ▶
What has been making rules within the police organization. But I’m more curious about the greetings part. Isn’t it really all about personnel, like all civil servants, but especially the police? Striving for some honor or almost promotion. However, if the Ministry of Public Administration and Security was completely holding on to this greeting, it would be a structure that would have no choice but to take notice of the Ministry of Public Administration and Security. Of course, we’ll negotiate, but isn’t it a direct greeting, almost?
◀ Ji-Yeol Yang/Attorney ▶
That’s the part I’m most concerned about. Because to put it very simply, in the case of people in the police, just because they were in the police and went to a high-ranking position, is it not difficult to go straight to society and do other work just because they have a certain title? Of course, people in very high positions go to business as advisors or enter politics, but in the case of so-called middle-level executives, that is not possible. So, in a way, the police organization is a structure that has no choice but to risk everything on its own for promotion. In the case of prosecutors, there is no reason to say that this is not the case, is there? In that respect, as you said, because of the special nature of the police, and unlike other administrative positions or general administrative officials, the task itself was related to investigations.
◀ anchor ▶
That’s right.
◀ Ji-Yeol Yang/Attorney ▶
You can’t do anything else. Because I can’t really experience that when I go out into society. It’s not like overseas things like detective work have been formalized.
◀ anchor ▶
No.
◀ Ji-Yeol Yang/Attorney ▶
That’s why, in a way, it’s a structure that has no choice but to look more closely at the superiors.
◀ anchor ▶
It’s just the most straightforward thing. For example, if this police officer is investigating a power or an ex officio force, it seems to me that there is no choice but to worry about whether this will be disadvantageous to my personnel. If this is the structure.
◀ Ji-Yeol Yang/Attorney ▶
Yes. For example, even if I just bravely protested or even if it was an unfavorable investigation, I would work with the determination to take off my clothes and go out.
◀ anchor ▶
It’s not easy and not everyone is like that, is it?
◀ Ji-Yeol Yang/Attorney ▶
of course.
◀ anchor ▶
Of course, some of the police officers are brave.
◀ Ji-Yeol Yang/Attorney ▶
And since the jurisdiction itself has a separate agency for high-ranking public officials, and the prosecutors do some of the corruption in public officials, even if it does not spread that far, it is possible to investigate the connected parts.
◀ anchor ▶
That’s right.
◀ Ji-Yeol Yang/Attorney ▶
Couldn’t there be a common case involving high-ranking officials? In such a common case, it is something to be noticed.
◀ anchor ▶
That is a situation where I am worried that if I conduct an uncomfortable investigation from the perspective of the Ministry of Public Administration and Security, there will be a disadvantage in personnel management. In order to prevent this situation, the personnel seems to have been indirectly done.
◀ Ji-Yeol Yang/Attorney ▶
So, we made the police department independent, and we got rid of what we used to be called the security headquarters.
◀ anchor ▶
The vague self-control, self-censorship, that you will really like this investigation. Because I like it so much, I expect to be promoted well. There could be something like this.
◀ Ji-Yeol Yang/Attorney ▶
There could be something like that. Moreover, the main reason for having to do it this way is that the police have the investigative power and control the excessively bloated power. There was only one right left. According to the agenda from the Ministry of Justice and the Police Officer’s Business Coordination Council, if you see what has been reconciled, if you send it to the prosecution, the prosecution will not ask the police for a security investigation, but will directly investigate again. Then the prosecution is still conducting the investigation on its own.
◀ anchor ▶
You’re doing an investigation.
◀ Ji-Yeol Yang/Attorney ▶
So, in the end, the police have only the right to dissent, saying that in some cases, this is not something that can be passed on to trial under the case law. Even so, there are two things that don’t fit with this more powerful, in some way controllable.
◀ anchor ▶
Isn’t that part of the direct investigation going against the current bill?
◀ Ji-Yeol Yang/Attorney ▶
That too.
◀ anchor ▶
Proposal of a bill to adjust the police investigation authority.
◀ Ji-Yeol Yang/Attorney ▶
In fact, it should be considered that it is contrary to the original purpose. Because, in principle, the police have primarily the power to investigate, and in a legal sense, the Prosecutor’s Office Act and the Criminal Procedure Act are the Prosecutors’ Office Act and the Criminal Procedure Act. It was made to request a supplementary investigation, but the Ministry of Justice is in the process of discussing the division of duties between the prosecution and the police.
◀ anchor ▶
Then you can do it all, isn’t it?
◀ Ji-Yeol Yang/Attorney ▶
It actually does it all.
◀ anchor ▶
everything as original
◀ Ji-Yeol Yang/Attorney ▶
virtually. That is why we cannot directly conduct a cognitive investigation from the start, but at least in the case of a case that came through the police, if we investigate the surrounding area using the case that came through the police as an excuse, we can actually do everything.
◀ anchor ▶
If so, wouldn’t the law to adjust the police investigation authority be nullified, or would that be the case?
◀ Ji-Yeol Yang/Attorney ▶
It can be seen that it has weakened considerably. Of course, once again, there is a part that it is difficult for the prosecution to conduct such an investigation that was done in the past by the so-called special department or the public security department directly from the beginning, but in the rest of the parts, little has changed.
◀ anchor ▶
Prosecutors are still able to carry out most of the investigations themselves.
◀ Ji-Yeol Yang/Attorney ▶
So, at least, the expression of ‘excuse me’ was not right in the first place, but it doesn’t seem to be the case for now.
◀ anchor ▶
Let me ask you a little bit about the Chief Justice. What candidates are up?
◀ Ji-Yeol Yang/Attorney ▶
There are three members of the Judicial Research and Training Institute from the 16th to the 23rd class with about 30 years of experience in the legal profession. You can think of it as a traditional lawyer, just like you did as a public affairs officer in the court administration or as a researcher at the Supreme Court. In the case of one of them, it was known through the media that he had a particularly strong relationship with President Yoon Seok-yeol.
◀ anchor ▶
What is the relationship?
◀ Ji-Yeol Yang/Attorney ▶
Seoul Law University. Because all three of them are from Seoul Law University.
◀ anchor ▶
male.
◀ Ji-Yeol Yang/Attorney ▶
I’m male. So, in the case of the Moon Jae-in administration last time, people with progressive tendencies or those who had such a principle in arranging for women in order to prevent the Seoul Law University graduates from occupying them all, so the Supreme Court judges were judged in general courts in a way. , didn’t the Supreme Court invite the general chief of the court to serve as the chief justice of the Supreme Court, not the person who came up through the trial research officer? Haven’t you been appointed? In a way like that, it seems that there is such a keynote that it goes back to conservative and stable rather than change.
◀ anchor ▶
It seems that the reason for the need to be diverse comes from the fact that a judge does not simply make a legal judgment, but in the case of the Supreme Court, it also plays a role in accumulating social values.
◀ Ji-Yeol Yang/Attorney ▶
Yes. If you look at it that way, it is a worrying part that you are leaning to one side due to any political ideology or some direction, but this time, in fact, almost 13 Supreme Court Justices can be appointed by President Yoon Seok-Yeol during the current term. Then you can see that the color of the Supreme Court will also change a little more conservatively.
◀ anchor ▶
What is worrisome is that they are too homogeneous, for example, those who have served as judges for several decades from Seoul Law University. Even these very homogeneous people seem to have enough social sympathy for the side effects of filling the Supreme Court.
◀ Ji-Yeol Yang/Attorney ▶
The part that I personally regret is that the current court’s judicial system has a lot of experience and diverse voices with a lot of understanding of society in general.
◀ anchor ▶
That’s right.
◀ Ji-Yeol Yang/Attorney ▶
I wish they would enter not only the National Assembly but also the courts, but otherwise, the structure in which people who have been on the so-called elite course occupy key positions in the courts has been announced until now. As a result, as you said, there was a tendency for such judgments to come out in a distant society.
◀ anchor ▶
That’s right.
◀ Ji-Yeol Yang/Attorney ▶
So, to change that, as I said before, during the Moon Jae-in regime, there was a certain principle that the Supreme Court judges were transfused in various ways. It is undeniable that they are the most talented, but I think that they have to be a little inferior to reflect the diverse voices of the society you mentioned.
◀ anchor ▶
I will listen to you until today. Thank you.
◀ Ji-Yeol Yang/Attorney ▶
thank you
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