Constitutional Court Dismisses Unconstitutionality Lawsuit Against Ministry of Justice Directive Restricting Prosecutorial Reporting

"Effective Only Within Administrative Agencies, No External Binding Force"

(Photo by Yonhap News)

[Asia Economy Reporter Kim Ji-hee] The constitutional complaint filed against the Ministry of Justice's directive prohibiting prosecutors and investigative officers from contacting reporters, claiming it infringes on the public's right to know, has been dismissed.

The Constitutional Court announced on the 21st that it dismissed at the preliminary review stage the constitutional complaint filed by the civic group Seomin Minsaeng Countermeasure Committee, which argued that Article 126 of the Criminal Act on 'publication of suspect facts' and the Ministry of Justice's directive on 'prohibition of disclosure of criminal cases' violate Article 21 of the Constitution, which guarantees the public's right to know.

The preliminary review is a stage where a designated panel of three constitutional justices examines the legality and necessity of reviewing the petition before proceeding to a full hearing. If the necessity for a hearing is recognized, the case is referred to the full bench for a substantive hearing; otherwise, it is dismissed.

The Constitutional Court ruled, "The Ministry of Justice's directive only has effect within administrative agencies and cannot be considered an exercise of public authority subject to constitutional complaint adjudication." It also found no specific claims to determine direct relevance with the petitioner.

The legal representative of the organization that filed the constitutional complaint argued, "The Ministry of Justice's directive blocks the media from accessing the truth and could potentially become a tool to protect those in power."

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