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Saturday, March 17, 2012

Prosecution, police tit-for-rat continues


Prosecution, police tit-for-rat continues

Prosecutor General Han Sang-dae
By Yi Whan-woo

Police accepted Friday the prosecution’s order to transfer a controversial case pitting a police officer against a prosecutor to a regional precinct from the National Police Agency (NPA). But the police called the direction an “unfair” command, intensifying the feud between the two law-enforcement organizations.

The police’s decision came two days after the prosecution ordered the case, in which a prosecutor was accused of power abuse, be transferred to a regional police unit.

“We’ve decided to transfer the case to a police precinct in Daegu where the accused resides upon the prosecution’s request. But a special police investigation team will continue to look into the matter, taking into consideration the severity of the case,” said Kim Heon-gi, a senior police officer from the NPA at a press briefing.

In the latest in a series of conflicts, a police inspector named Ju in Miryang accused a prosecutor surnamed Park of putting pressure on him, using abusive language, to drop a case which the inspector had been looking into.

According to the police, lawyers were hired by a company accused of allegedly burying industrial waste in farmlands where Park’s former bosses at the Miryang bureau of the Changwon District Prosecutors’ Office were located. And the prosecutor allegedly ordered, in an inappropriate manner, the police officer to stop investigating the case.

Mindful of growing public concern over the prolonged feud between the law enforcement authorities, NPA chief Cho Hyun-oh also toned down his criticism against the prosecution Friday.

“We’ve accepted the prosecution’s request, taking into consideration the public’s concern.”

However, NPA officials continue to oppose the prosecution’s order.

Prosecutor General Han Sang-dae has reportedly ordered prosecutors to actively vindicate the prosecution’s position and criticize the police.



Police chief Cho Hyun-oh
Checks and balances

Analysts say checks and balances between the two organizations are crucial to solve the age-old conflict. Some say the police should be given the right to investigate prosecutors when they are suspected of wrongdoing.

“I highly doubt the prosecution carried out a fair investigation as the accused is from the district office which will oversee the investigation,” said Park Ju-min, a lawyer at the People’s Solidarity for Participatory Democracy.

Lee Jin-young, a coordinator of the judiciary watch department at the civic group, echoed similar views.

“I have no objection to the prosecutors overseeing the police investigation, because such a system can protect the accused from possible infringements by the police,” the civic activist said. “Our society, on the other hand, lacks a monitoring system over the prosecution, and I think police should independently probe prosecutors if they are suspected of any wrongdoings.”

A professor said prosecutors should be treated like ordinary citizens.

“Under the law, prosecutors should respect the police as a law-enforcement unit and the police should not have problems carrying out investigations on them if they are suspected of any wrongdoings,” said Park Roh-seop, a professor of law and public administration at Hallym University.

Shin Dong-woon, a professor at the Seoul National University Law School, said the revised bill last year on the investigation rights between the prosecution and police does not clearly state to which extent each side can intervene.

“I think the government should make the law clear to avoid this kind of conflict,” he said.

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