The case of 'the highest police officer' subject to investigation by the Senior Civil Servant Corruption Investigations Unit is the prosecution office
Colonel-level military cases are airlift offices without the authority to investigate and prosecute
Involved in various positions such as military and police...Investigation authority 'different'
The investigation of the "emergency martial law" by the prosecution, police, and the Senior Civil Servant Corruption Investigations Unit has not been clearly organized even after the incident.
Controversy over future procedures is expected as the case where the Senior Civil Servant Corruption Investigations Unit has the authority to investigate and prosecute is mixed.
Reporter Shin Ji-won reports.
[Reporter]
On the 20th, the police special team handed over police chief Jo Ji-ho and Seoul Metropolitan Office chief Kim Bong-sik, who put police into the National Assembly after the martial law "Anga Meeting," to the "prosecution" on charges of rebellion and other important duties.
Along with former intelligence commander Moon Sang-ho, three colonels who reportedly planned to take control of the Central Election Commission were sent to the Airborne Division.
However, according to the Airborne Division Act, the Airborne Division has the authority to investigate and prosecute only general-level officers or higher, and has no authority over colonel-level officers.
On the other hand, police officers above the police officer level have the authority to investigate and prosecute.
The military colonel, who does not have the authority to investigate or prosecute in the Senior Civil Servant Corruption Investigations Unit, will be in charge of the Senior Civil Servant Corruption Investigations Unit, and the case of the Chief of the National Police Agency and the Chief of the Seoul Metropolitan Office went to the prosecution.
In response, the Senior Civil Servant Corruption Investigations Unit explained that even a military colonel can be tied up as an accomplice of abuse of authority and that it will propose to charge the military prosecution with rebellion while handing over the case.
However, another problem is that under the current law, the Senior Civil Servant Corruption Investigations Unit can only send the case to "a prosecutor belonging to the Seoul Central District Prosecutors' Office."
There are still mixed interpretations as to whether the Senior Civil Servant Corruption Investigations Unit has the authority to hand over cases that cannot be investigated in the first place to an agency other than the prosecution.
Due to the nature of the emergency martial law situation, various positions such as military, police, and State Council members are involved, and each investigative agency has different powers,
There will be inevitable controversy over due process in court in the future.
I'm Shin Jiwon of YTN.
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