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[팩트와이] An unusual warrant to be dismissed … The judge can also testify / YTN



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[앵커]The former foreign minister has resigned, but the struggle over family investigations continues.

Cho said the dismissal of his brother over his arrest warrant was extraordinary, and his argument was to adopt the judge as a witness.

That's possible, I've decided actually

I am Lee Jung Mi.

[기자]The country's former brother has two charges.

This is the cost of receiving money for costs that cause school damage and for recruiting teachers.

Cho stopped interrogation before the arrest and did not appear in court.

▲ If you stop being interrogated, are 100% arrested?

If you stop the interrogation, you are usually bound.

In the past five years, there have rarely been cases that stopped interrogation, but more than 90% have been arrested.

Even if "absent is not 100 percent", Mr Cho's extraordinary decision is one in ten cases.

▲ Courts, Are There Criteria for Detention?

[이충상 / 경북대 로스쿨 교수(영장 전담 판사 출신) : 서면으로 돼 있습니다. 죄명별로 사기는 어떻게 하고 횡령 배임 상해 다 (심사 기준이) 있습니다.]

As a result of YTN coverage, it is true that there are internal standards for warrant screening.

But the court did not officially recognize the existence of the standard itself.

Even if the same costs are different, the situation cannot be applied as standard.

Several judges from the warrant explained that they would consult non-public standards in their conversations with YTN, but they would, at their discretion, decide on a case-by-case basis.

▲ Judge, can you adopt a witness?

[장제원 / 자유한국당 의원(지난 14일) : (영장 전담 000) 판사를 현장에서 증인으로 채택해서 그분의 입장을 들어봐야겠다….] [표창원 / 더불어민주당 의원(지난 14일) : 판결 내용에 대해서 국회가 개입하고자 하는 시도 이런 것들이 진행되는 것 자체가 너무나 참담합니다.]

If you are a court president or staff member, the judges also attend a state audit as a witness of that institution.

However, summoning case judges in the process as public witnesses is prohibited by the National Audit Law and is unprecedented.

[김상겸 / 동국대 법학과 교수 : 담당하는 법관 같은 경우 직접적인 영향을 미치지 않더라도 간접적으로 영향을 미친다면 국감법 8조의 위배 소지가 있다고 봅니다.]

Two judges who were present last year also qualified as references without regard to specific cases.

However, the government's practice of suppressing the court last year, calling for the dismissal of the judge for the dismissal of his brother on his brother's order, was repeated over the past year.

YTN Lee Jung Mi[smiling37@ytn.co.kr]Is.

▶ Original text: https: //www.ytn.co.kr/_ln/0103_201910 …
▶ Report: http://goo.gl/gEvsAL, Cellular Application, 8585@ytn.co.kr, # 2424

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