Have you considered the provisions of the law properly?Controversy over the interpretation of the Senior Civil Servant Corruption Investigations Unit

[Anchor]
Controversy is growing over the high-ranking government official's criminal investigation office's reversal of the execution of an arrest warrant for President Yoon Suk Yeol to the police.

The Senior Civil Servant Corruption Investigations Unit made the decision after consideration.However, there are also criticisms that they did not properly check the provisions of the law in the first place.

I'm a reporter for the department head.

[Reporter]
The high-ranking government official's criminal investigation office appointed the police to execute the arrest warrant for President Yoon Suk Yeol, based on Articles 81, 200-6, and Article 47 of the Corruption Investigations Unit Act.

First, the provision of the Criminal Procedure Act states that "arrest warrants are executed by judicial police under the direction of prosecutors," which "applies to the execution of arrest warrants."
The
Airborne Division Act states that the prosecutor of the Airborne Division also follows the duties and authority of the prosecutor.In a word,

The logic is that the prosecutor of the Senior Civil Servant Corruption Investigations Unit can also direct the police like the prosecutor in the execution of the arrest warrant.

However, the police special investigation team rejected the command of the Senior Civil Servant Corruption Investigations Unit, judging that the internal legal review could lead to legal controversy such as abuse of authority.

The Senior Civil Servant Corruption Investigations Unit overlooked the abolition of the prosecutor's right to command the investigation into the police in 2020 due to the adjustment of the investigative power.

In the past, when prosecutors had general command over the police, prosecutors directed police investigators to execute warrants under Article 81 of the Criminal Procedure Act, but

This is because the interpretation should be limited to the content that the prosecution investigator, who is not a police officer but the same judicial police, can be commanded.

According to the logic of the Senior Civil Servant Corruption Investigations Unit, all prosecutors can lead the police in the execution of the warrant in the future and the police should follow it.

In the end, it is pointed out that the Senior Civil Servant Corruption Investigations Unit handed over the execution of arrest warrants to the police based on the wrong interpretation of the law, but the Senior Civil Servant Corruption Investigations Unit, which received the police's opinion, also took a step back.

He explained that he agreed that there should be no small controversy left, but it seems difficult to avoid criticism because he admitted that he made a mistake in interpreting the law.

I'm the manager of YTN.

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video;Juyeon Lee

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