Former Environment Minister Kim Eun-kyung, who was handed over to the trial on the suspicion of a’blacklist by the Ministry of Environment’, was sentenced to imprisonment in the first trial and was arrested in court. Former Minister Kim was appointed as the first Minister of Environment along with the inauguration of the Moon Jae-in government in July 2017, but it was recorded as the “first arrest case by the current government” after 3 years and 6 months.
Law “The former government did not have such a large-scale resignation request”
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Kim Eun-gyeong-do court arrested for’political court arrest’
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– The Seoul Central District Court Criminal Agreement 25-1 (Director Kim Sun-hee, Lim Jeong-yeop and Kwon Seong-su) sentenced former Minister Kim to two years and six months in prison on charges of obstructing the exercise of ex officio abuse rights. At the same time, “It is judged that there is a risk of destruction of evidence, such as denying all (the allegations) and stating the obvious facts differently,” he issued an arrest warrant and arrested the court. Former Blue House Balance Personnel Secretary Shin Mi-sook, who was handed over to trial, was sentenced to 1 year and 6 months in prison and 3 years probation.
The 25th Department of the Criminal Agreement is a judicial unit that sentenced professor Chung Gyeong-shim to Dongyang University in December of last year to imprisonment for four years on charges such as irregularities in the entrance examination for children. It is also a ‘Career Justice Division’ made up of three judges who are the chief judges with about 20 years of experience.
靑 “All facts” for parachute, resignation and target audit of public institutions
– From December 2017 to January 2018, former Minister Kim was charged with resignation from executives of public institutions under the Ministry of Environment who had been appointed by the previous regime, and intervened in hiring so that a person recommended by the Blue House was appointed to this position. At that time, 13 executives from public institutions, including the chairman of the Korea Environment Corporation, resigned. It was also accused of targeting executives who refused to submit resignations.
The court judged that these suspicions were actually committed and undermined the fairness of hiring public institutions. It was also judged that the Blue House had decided on a nominee in consultation with the Ministry of Environment. therefore “Excluding the nominee, 130 applicants did not know this fact at all and went through document screening and interviews, causing tangible and intangible damages to them, causing severe deprivation.“It caused deep distrust to the public about hiring executives in public institutions.” Also, former Minister Kim “It made me feel severe mental stress and a feeling of atrophy in my work performance” as a greeting to the Ministry of Environment’s officials.”
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“Obviously illegal to break through” the judge in the excuse of “old government practice”
– Kim also refused to accept the argument from former Minister Kim that these crimes were a practice that had been done in the previous government.
The judge said “Although it seems that some agency heads submitted their resignations when the previous government changed power, there is no practice of demanding resignation as in this case.“I pointed out. And said, “Even if Even if there was such an act in the previous government, it clearly violates the law, and the abuse is very severe, and it is an illegal practice that must be overcome.”
Rather, the judge said, “Former Minister Kim showed an attitude of denying the charges until the end and transferring responsibility to the people below.“I rebuked it.
The judge stated that it is clear that “public officials belonging to the Ministry of Environment cannot do such a thing without the direction or approval of former Minister Kim.” This case was compared to the’cultural blacklist’ case involving former President Kim Ki-chun and Minister of Culture, Sports and Tourism Cho Yun-seon during the Park Geun-hye administration. Former secretary chief Kim Ki-chun and others were convicted after being charged with asking for a resignation from a government official of the Ministry of Culture.
Kim Mi-kyung’s side “I can’t expect the judgment…I will appeal”
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– However, some were acquitted, saying that it was not legally a condition to constitute an ex officio abuse crime. For example, the former director of the National Institute of Ecology among the executives who submitted the resignation admitted guilty to only 12 people excluding him, saying that he submitted his resignation according to his or her intention after being guaranteed the next seat.
In addition, while former Minister Kim’s actions related to submitting his resignation and auditing targets were convicted, he was found not guilty of the “instruction” he gave to public officials of the Ministry of Environment in the process. It was because the staff was supposed to assist former Minister Kim, who is the person in charge of human resources, in the execution of his duties, but not because he did not make him do unobligatory work, which is a component of the offense of abuse of authority. Former secretary Shin was sentenced to a lower sentence, saying that it was difficult to say that there was a’functional domination’ that could be seen as an accomplice with former Minister Kim for some of the allegations such as submitting a resignation.
This is the first time a former minister has been arrested in the current government. Previously, former Justice Minister Cho Guk was also requested for an arrest warrant in December 2019 in connection with the allegations of Mouma, the former Vice Mayor of the Busan city’s economy, Yoo Jae-soo, but the court dismissed it. After the sentence was completed, former Minister Kim’s attorney said, “This is an unexpected decision, and there is a lot of regret about the facts and the application of the law,” and said, “We will respond well through an appeal hearing.” Former secretary Shin left the court without answering any questions from the reporters asking about his feelings.
Reporter Dr. Ra [email protected]
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