Speeding Up the Establishment of the Public Corruption Investigation Office... Constitutional Court Decision as a Variable

Yoo Sang-beom, Future United Party Elected Candidate, Awaits Decision on Injunction Application

Constitutional Court Building [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] With just two months remaining until the establishment of the High-ranking Officials' Crime Investigation Office (Gong-su-cheo), the Ministry of Justice and the prosecution are accelerating their movements. The government aims to launch Gong-su-cheo on July 15, when the related law comes into effect.

However, the Constitutional Court's handling of the constitutional complaints filed by opposition party lawmakers, who argue that Gong-su-cheo violates the Constitution, remains a last-minute variable. Even if a ruling of unconstitutionality takes time, if at least a provisional injunction to suspend the law's effect is granted, the current administration's top priority project will inevitably face setbacks.

◆ High possibility of consolidated hearings for two constitutional complaints... 'Provisional injunction to suspend effect' likely to be decided first = According to the Constitutional Court on the 13th, the constitutional complaint against the "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Office" (Gong-su-cheo Act), filed by Kang Seok-jin, a lawmaker from the United Future Party, has passed the designated panel that preliminarily reviews the filing requirements and was referred to the full bench on March 10. Unlike previous constitutional complaints against the Gong-su-cheo Act, which were dismissed for reasons such as lack of 'self-relatedness' in basic rights infringement, this indicates that the Constitutional Court is conducting a substantive review of the constitutionality of the provisions of the Gong-su-cheo Act.

Meanwhile, Yoo Sang-beom, a former chief prosecutor and a lawmaker-elect from the same party, also filed a constitutional complaint against the Gong-su-cheo Act on the 11th. Although Yoo is not currently a sitting lawmaker, he is expected to soon acquire that status, and as a former prosecutor, he could be subject to investigation under the Gong-su-cheo Act once it is enforced. Therefore, Yoo's constitutional complaint case is also expected to undergo substantive review. In this case, the two cases are highly likely to be consolidated for hearing. In fact, Yoo requested that the two cases be consolidated and proceeded with a public hearing when filing the constitutional complaint.

In particular, unlike Kang, Yoo applied for a provisional injunction to suspend the effect of the Gong-su-cheo Act until the Constitutional Court issues a decision on its constitutionality along with the constitutional complaint. Depending on the case, decisions on provisional injunctions to suspend effect, which are generally recognized as urgent, are made in a shorter period compared to substantive review.

During the Constitutional Court's review process, key issues are expected to include ▲ whether the basis and status of Gong-su-cheo violate fundamental constitutional principles such as the separation of powers ▲ whether the inclusion of high-ranking officials as investigation targets infringes on their right to equality ▲ and whether Article 45 of the law, which broadly delegates the authority to establish investigation office rules regarding the organization and operation of the investigation office, including the qualifications of investigation officers, to Gong-su-cheo, is constitutional.

◆ Ministry of Justice begins gathering opinions from frontline prosecutors... Office to be located at Gwacheon Government Complex = The Ministry of Justice has started collecting opinions from frontline prosecutors to decide on detailed matters for the establishment of Gong-su-cheo, including the enforcement decree of the Gong-su-cheo Act.

On the previous day, Minister of Justice Choo Mi-ae held a dinner meeting with senior criminal division chiefs of prosecution offices in the metropolitan area, excluding the Seoul Central District Prosecutors' Office, to hear their views on various current issues related to the establishment of Gong-su-cheo and prosecution reform.

Meanwhile, the newly established Gong-su-cheo office will be set up in Building 5 of the Gwacheon Government Complex, where the Ministry of Justice currently occupies space. The government had been considering locations such as Gangbuk and Seocho in Seoul but ultimately decided on the Gwacheon Government Complex. Until now, the Ministry of Justice had opposed Gong-su-cheo's move into the Gwacheon Government Complex.

The Gong-su-cheo Establishment Preparation Team plans to officially announce specific positions regarding the Gong-su-cheo office location within the day.

This content was produced with the assistance of AI translation services.