Provision of the right to request the transfer of investigation cases… Conflict over amendment of Article 24 of the Air Traffic Control Act
On the 30th, the Presidential Transition Committee and the High Commissioner’s Crime Investigation Agency (PRA) had a confrontation over the issue of whereabouts of Minister Kim Jin-wook and whether or not to revise Article 24 of the Airborne Service Act, which is considered the basis for the existence of the Airborne Service.
On this day, the transition committee’s Political Affairs and Judicial Administration Division and the Ministry of Airborne Affairs held a meeting for about an hour and 40 minutes at the office of the transition committee in Tongui-dong, Jongno-gu, Seoul. Afterwards, Rep. Lee Yong-ho of People’s Power, who served as a secretary of the Political Affairs and Judicial Administration Division, said in a briefing that “the Airborne Service said that it was insufficient in securing political neutrality, independence, and fairness, so system improvement was necessary.” He also said, “(At the meeting), there was a public opinion that it would be better for Director Kim to express his position on the way he is going.” In response, Deputy Director of Airborne Affairs Yeo Woon-guk replied, “I will report this to Director Kim,” said Rep. Lee. Kim did not attend the meeting that day.
Director Kim’s term of office is until January 2024 according to the Airborne Service Act. After a controversy over whether he was pressured to express his position as the head of an independent agency, Rep. Lee went to a briefing again and said, “The takeover committee is not in a position to ask for such a thing.” It will,” he said, and began to evolve. Nevertheless, he emphasized again, “(Director Kim) conveyed the public opinion that he should be held accountable to some extent.”
At the meeting, parallel lines were drawn over whether to amend Article 24 of the Air Traffic Control Act. Article 24 of the Air Traffic Control Act is a provision that makes it mandatory to notify the Public Air Service of high-ranking public officials recognized by other investigative agencies. It guarantees the investigative authority of the Airborne Service over the prosecution and the police, and President-elect Yoon Seok-yeol promised to drastically improve it during the presidential election.
Rep. Lee said, “I am concerned about the arbitrary exercise of the Minister of Airborne Affairs’ right to request the transfer of the case. On the other hand, the Ministry of Airborne Affairs opposed the amendment, saying “Article 24 of the Air Traffic Control Act is the basis for the existence of the Airborne Service.” However, in response to the controversy over the lack of investigative ability, the Airborne Service said, “We will make an effort to cut bones.” Despite the controversy over indiscriminate communication inquiry against journalists, he lowered his body, saying, “I will prepare a supplementary measure.”
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“Because of Article 24 of the (High Commissioner’s Crime Investigation Act), a ping-pong investigation occurred and there were several side effects such as delays in the investigation.” (Acquisition Commissioner)
“Article 24 of the Air Traffic Control Act is a provision that is the basis for the existence of the Air Transport Agency.”
At the meeting between the Presidential Transition Committee and the Ministry of Airborne Affairs held from 10 am on the 30th, a tense confrontation ensued over the ‘Article 24 of the Airborne Affairs Act’, which President-elect Yoon Seok-yeol called and promised to abolish the ‘toxin clause’.
Unlike the work reports of government departments, the meeting started with the transition committee members and attendees sharing ‘greetings’ and showing respect for each other. This is considering that the Airborne Service is an independent institution, not a part of the executive branch. However, as the meeting began in earnest, discussions continued over the abolition of Article 24 of the Air Traffic Control Act and the controversy over communication inquiries, and it went on for nearly an hour and a half, exceeding the scheduled one hour.
○ Arguing over the ‘duty transfer’ clause
The meeting was attended by lawmaker Lee Yong-ho of the People’s Power who served as the secretary of the Political Affairs and Judicial Administration Division of the transition committee, and Yeo Woon-guk, deputy director of the Airborne Division.
Rep. Lee revealed that after the meeting, at a briefing, discussion on Article 24 of the Air Traffic Control Act was held.
Article 24 of the Air Traffic Control Act stipulates that when other investigative agencies, such as the Public Prosecutor’s Office, become aware of a high-ranking public official’s crime, they notify it to the Public Air Transport Service and, if requested by the Minister of Public Transport, turn over the case. In fact, it is a provision that guarantees the superior position of the Airborne Service in the investigation of crimes by high-ranking public officials.
Rep. Lee said, “I pointed out that there are concerns about arbitrary exercise of the right to request the transfer of the case by the Minister of Airborne Affairs, which is Article 24 Paragraph 1 of the Air Traffic Control Act.” On the other hand, the Ministry of Airborne Affairs emphasized the need to preserve Article 24 of the Air Traffic Control Act, saying that it is “a provision that is the basis for the existence of the Airborne Service.”
At a meeting, the Ministry of Airborne Affairs said, “It functions to prevent duplicate investigations and is not a superior clause.” “In the past year, only two requests have been made. As much as that, practically no problems have arisen,” said Rep. Lee.
Rep. Lee also said, “People’s trust in the Air Transport Service is almost low. However, to the question of whether the Transmission Committee discussed the abolition of the Airborne Service, he replied, “The Airborne Service is an independent institution,” and “Abolishing it is a matter at the National Assembly level.” This means that the transition committee or the People’s Power side cannot push forward without the consent of the Democratic Party of Korea, as the revision of Article 24 of the Air Traffic Control Act as well as the abolition of the Air Traffic Bureau are all legislative matters.
○ ‘Communication inquiry controversy’ Public Investigation Service “Newly established communication investigation inspector”
The Transition Committee also criticized the reckless communication inquiry against journalists, which arose during the investigation process of the Air Transport Agency. To this, Deputy Director Yeo replied, “We will prepare control measures such as introducing a communications investigation officer and a human rights investigation policy officer while being careful not to infringe on freedom of the press, and activating an investigation advisory group composed of outside members.” The Ministry of Air Transport said it would announce an improvement plan in relation to the communication inquiry controversy as early as this week.
The deputy head of the department, who attended the meeting, is the chief prosecutor in the case of suspicion of accusation by the Ministry of Public Security and the investigation of Yoon-elect as a suspect and the investigation of documents by the court. She said, however, that at the meeting, there were no questions about the pending cases under investigation by the Ministry of Air Transport. An official from the Ministry of Airborne Affairs said, “Most of the meetings were discussions related to Article 24 of the Air Traffic Control Act.”
| Article 24 of the Crime Investigation Agency for Senior Officials (Public Investigation Agency) Act |
| When investigative agencies, such as the prosecution and police, become aware of a crime committed by a high-ranking public official, they must notify the Ministry of Airborne Affairs and, if there is a request for transfer from the Minister of Airborne Affairs, the relevant investigation agency must respond. |
Reporter Jo Ara [email protected]
Reporter Jang-seok [email protected]
Reporter Wonmo Yoo [email protected]
Correspondent Kodoye [email protected]
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