與 Party member bulletin board controversy "Party audit is possible according to party regulations" vs "You just need to check the list of members..."

[News FM Lee Ik-seon Choi Soo-young Issue & People]

□ Broadcast date and time: November 14, 2024 (Thursday)
□ Host: Lee Ik-seon, Choi Soo-young
□ Performers: Lawyer Kang Jeon-ae, Lawyer Jang Yoon-mi

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◆Choi Soo-young: Representative Lee Jae-myung's first trial sentence is just a day away. The prosecution served a two-year sentence. However, even if there is a fine for how much punishment will be issued tomorrow, it is interesting to see how much it will be. Joo Jin-woo, the chairman of the People's Power Law Committee, said he is expected to be sentenced to a year in prison, adding that it is common for ordinary people to be arrested in court if they are sentenced to prison. What does lawyer Kang predict?

□ Kang Kyung-ae: So if you are sentenced to prison, the general public will be arrested in court, but in fact, the representative of the country was not arrested until the appeal trial, so he became a lawmaker and founded a new party, right? I think we should show the severity of the law. But lawmaker Yoon Sang-hyun said it would be 800,000 won. So there are a lot of people internally asking how the power of the people can talk like that, but lawmaker Yoon Sang-hyun is not a legal professional. So, maybe when people around you are prosecuted under the Public Official Election Act, there are many cases where it comes out from 800,000 won to 900,000 won. Even if you don't admit or reflect on it, there is a Supreme Court sentencing standard table in the court, and the most representative crime of making judgments unlike the sentencing standard is the Public Official Election Act. Because I know that if one million won comes out, the parliamentary seat will be blown away, so there is that part. But CEO Lee Jae-myung's first trial is very interested. If the Democratic Party of Korea also mobilized all of its lawmakers to pressure the ruling and does so now, the first trial of the Seoul Central District Court will have no choice but to sentence it according to the sentencing standard. In the meantime, if some older brothers exceeded the standard table and received 800,000 won and 900,000 won, if what lawmaker Yoon Sang-hyun saw is like that, this time it will be on the sentencing standard table, and the sentencing standard table is a weighting factor reduction factor. Reduction is a case where there is no criminal record or he is reflecting on himself, but in Lee Jae-myung's view, there is little element of reduction. However, if it is related to very important judgments of election residents regarding the evaluation of candidates as a weighting factor, if it is highly propagated, it becomes a weighting factor. There was a person named Kim In-seop at the time who went on TV and said that the reason why Baekhyun-dong was upgraded to four types of use was because of the threat of the Ministry of Land, Infrastructure and Transport. When Lee Jae-myung was a candidate for Seongnam mayor, the closest person to Lee Jae-myung as the chairman of the election campaign committee and the person who organized the campaign was the person who signed a real estate contract at the camp's office. Kim In-seop was that kind of person. So, in Seongnam City, there were even talks about Kim In-seop as a permission room. After developer Jung Paul hired Kim In-seop as a lobbyist, it was suddenly upgraded to four types. When asked about it, CEO Lee Jae-myung did not have a problem with people like Kim In-seop, but the policy of the Park Geun Hye government was to relocate public institutions that had to be relocated to the provinces. In the process, Kim In-seop said that he was threatened by the Ministry of Land, Infrastructure and Transport in Park Geun Hye, but he has already been sentenced. There is already a ruling while working as a lobbyist, and the name Lee Jae-myung is mentioned 11 times in the ruling. Kim In-seop, Lee Jae-myung, and Jeong Jin-sang's special relationship Seongnam city officials all know it. And Jeong Jin-sang is the person who said CEO Lee Jae-myung is the closest aide, and Jeong Jin-sang was with Seongnam City Hall as a policy secretary at the time. But there are things like this that Kim In-seop told the city planning team leader to take good care of this case. Representative Lee Jae-myung said, "I heard that he was threatened by the Ministry of Land, Infrastructure and Transport, but none of the public officials in Seongnam City who came out as witnesses in this case felt that it was a pressure. I've testified. Looking at this, I think the result will be an aggravated ruling, and when the family comes out, the minimum is 5 million won even if it's a fine. Of course, it can be done with a prison sentence. As Representative Joo Jin-woo said. So, I personally think that as we go into weighting, we will be sentenced to about 5 million won from the lowest point.

■Jang Yoon-mi: First of all, lawmaker Joo Jin-woo said that if the general public is sentenced to a year in prison in the first trial, they will be arrested in court immediately, but this is what the Supreme Court called "Regulations on the Handling of Human Rights Detention", but that has changed. So, even if they are sentenced to prison, they are arrested in court at the appeal trial, but the Supreme Court's rule is that they should refrain from being arrested in court at the first trial. I think there's a part where you don't know that and say it. Basically, there are two frames. I didn't know someone called Kim Moon-ki before. Then, when he was mayor of Seongnam, the judge would convict him of this. You need to be confident in the presiding judge that Lee Jae-myung knew exactly former Chief Kim Moon-ki, but he didn't know to be elected. This is the realm of the heart. You basically don't know someone. Then, will the court be able to even judge that Lee Jae-myung knew former Deputy Director Kim Moon-ki under his own perception in the realm of his inner mind? Because when in doubt, there is a law that says it is in the interests of the accused, but if you are not so sure, you have no choice but to acquit him anyway, and that he was threatened by the Ministry of Land, Infrastructure and Transport to take issue with dereliction of duty is in the area of his evaluation anyway. It is difficult to resolve this by stating false information. In the past, CEO Lee Jae-myung was acquitted because he said he had never impersonated a prosecutor or prosecutor. Even at that time, he said, "Why would you say no when you had a history of being punished for impersonating a prosecutor? It's a lie," but even then, he was innocent because the court said this was seen as an expression of opinion. So, in the light of any court's jurisprudence in the past, I think there is a high possibility of innocence.

□ Kang Kyung-ae: But I told you earlier that the lowest price was 5 million won. It's not a reduction, but there are just three basic things. There is a basic weighting of reduction, but the minimum fine is 2 million won even if false information for election purposes is announced. But the Public Official Election Act. If you just get 1 million won, the effect is virtually the same regardless of whether it's 2 million won or 2 years. Therefore, if 800,000 won and 900,000 won come out, there is no change except for a criminal record for CEO Lee Jae-myung. There is no such thing as losing your parliamentary seat or having to return your state subsidies, but I would like to tell you that 2 million won is the lowest point.

◆Choi Soo-young: Representative Yoon Sang-hyun of the People's Power is yesterday. CEO Lee's expected sentence was still told on YTN radio <News Fighting, This is Bae Seung-hee> and he said a fine of 800,000 won, but he was embarrassed. In the end, it is more than 1 million won or less, and lawyer Jang will be acquitted. Lawyer Kang will pay 5 million won, believing that it won't even cost 1 million won. running at the opposite ends of .

◇ Lee Ik-seon: Won't this go to the 2nd and 3rd trials?

■Jang Yoon-mi: If you can get between 2-3 million won when you are found guilty in the first trial, I think it will fall below 1 million won because there are issues of preserving election expenses and other things related to it even after the appeal trial.

◇ Lee Ik-seon: I see. On the other hand, controversy is growing as several very malicious comments have been posted on the party bulletin board these days, beyond criticism of President Yoon and his wife under the name of CEO Han Dong-hoon's family. In the case of Jang Ye-chan's former best, more than 700 articles were posted by a specific publisher at a specific time, and we need to properly reveal who wrote this, saying, "Isn't this the Han Dong-hoon fan Druking case?" That's what's going on. How do you judge?

■Jang Yoon-mi: That's how the party bulletin board is operated. Since I have to be certified as a party member at first to access it, I have to get my real name certified, type my real name and social security number, and go through the authentication process on my mobile phone to see if this person is really signing up. If you look at Jang Ye-chan's best revelation, the names of his father-in-law and mother-in-law are known because he was a public figure in CEO Han Dong-hoon's father-in-law. So, it usually pops up like this when you look at the bulletin board, but if you search your real name on the bulletin board, the post written by the real name system appears. I think there was a mistake in managing it. So, this is a rare surname, and CEO Han Dong-hoon's mother is not a common surname. When I made a time table for each family, 700 articles were posted every 2-3 minutes. But the common point of the content was to criticize President Yoon Suk Yeol. So, there are concerns that this was done by mobilizing the family.

□ Kang Kyung-ae: That's why there's a part of the party where someone said that there are people with the same name named Han Dong-hoon and there's no post written by Han Dong-hoon, who was born in 1973. However, it is said that a civic group will file a complaint against this and investigate the accuser. In addition, the pro-Yoon-gye side is saying, "Shouldn't we be grateful for this?" Not only the investigation, but also the party is saying that it is not a matter of party audit, but when I looked up the party rules for the power of the people. There is an issue that can conduct a party inspection, and at the end, there is an investigation into other matters deemed necessary by the Party Audit Committee in Paragraph 7. That's why it's not impossible to audit the party if the party audit committee itself determines that it's necessary for this. There are other provisions, but in a way, it is true that the party bulletin board was not good these days because it was a close friend, but there is also a question of why we should find out this. Of course, such things will come out during the investigation, but if there are too many comments about defamation under the Information and Communication Network Act, as lawyer Jang said, if one of the comments is using multiple IDs at the same time, there may be a problem with obstruction of business. This could be the subject of investigation, but the basic character itself is the party's internal bulletin board. In addition to those IDs, in reality, it is a place for public debate where many people can talk about this and that, and there are opinions that whether it is true that the investigative power and the party audit were included.

◆Choi Soo-young: So I'd like to ask lawyer Jang about the freedom of expression. So, with the free posting on the bulletin board, how can I make this a problem?

■Jang Yoon-mi: But, for example, 'What would you do with a dog leash' seems a little too much to express. Defamation. As lawyer Kang said, if you are free to express your opinion, you have to express your opinion. If you want to change the direction of public opinion on the party bulletin board, if you want to change the direction of public opinion on the party bulletin board, there will be several IDs. I think that's a problem because one person actually did it because the time is too close. I don't need to go to the party audit, and the party has the party's membership list. You can quickly check your social security number and just cut it off as "no" that your family didn't intervene, but I'm just wondering why the reply, the reply, and the confirmation are delayed as an outsider.

◆Choi Soo-young: Let me ask lawyer Kang a question. Wouldn't this issue be a bit of a rift and conflict in this very easy close relationship with Yun?

□ Kang Kyung-ae: So, it is true that there are concerns that the pro-Yoon-gye is pressuring about the need for a party audit, but personally, if it turns out that they are a family, how far will this be a legal issue? It could be obstruction of business or defamation of the Information and Communication Network Act mentioned earlier, but not everyone is guilty, and the party member bulletin board can be seen as a forum for discussion where they can freely express their opinions within the party. However, it seems that the fact that they are family members is not a big legal issue, but rather a political responsibility.
But as I said, I open the party's bulletin board from the outside like this. Whether it's an investigation or a party audit, you can see that I'll do it again next time when there are some malicious comments or things internally. Then, there is a concern that party members can write freely on the party's bulletin board.

◇Lee Ik-seon: Two current affairs restaurants, Jang Kang, were joined by lawyers Jang Yoon-mi and Kang Jeon-ae. Thank you.