The Corruption Investigation Office for High-Ranking Officials Begins Personnel and Administrative Reorganization... Faces Constitutional Court Trial Just One Week After Launch

Constitutional Review Decision on the 28th... Appointment Process and Administrative Adjustments to be Halted if Unconstitutional

On the afternoon of the 21st, the High-ranking Officials' Crime Investigation Office plaque ceremony was held at the Government Gwacheon Complex. Photo by Moon Honam munonam@

[Asia Economy Reporter Baek Kyunghwan] The High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) will face the Constitutional Court just one week after its launch. About a year after a constitutional complaint was filed on the grounds that it violates the principle of separation of powers, the court will determine its constitutionality. This comes at a time when candidates for the deputy chief and prosecutors and investigators are being recruited, raising the possibility that its legitimacy may be lost.

According to the legal community on the 26th, the Constitutional Court will deliver a ruling on the unconstitutionality confirmation case regarding the "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Agency" on the 28th.

The People Power Party's predecessor, the United Future Party, filed a constitutional complaint in February last year, arguing that "Gong-su-cheo violates the principle of separation of powers and the principle of checks and balances, which are the essence of constitutional control and oversight, and infringes on the basic rights of the people and the investigative rights of prosecutors," claiming that all provisions of the Gong-su-cheo Act are unconstitutional. The opposition party also filed a constitutional complaint in May last year, which is expected to be consolidated and decided on the 28th.

Over the past year, the Constitutional Court has been reviewing the Gong-su-cheo Act with a full bench of nine justices. During this process, it is known to have received written opinions from the petitioners, the Ministry of Justice, and the Office for Government Policy Coordination, which oversaw the launch of Gong-su-cheo.

The key issues are whether the purpose of establishing Gong-su-cheo is legitimate and whether it violates the constitutional principle of separation of powers. The parties involved in the lawsuit argue that Gong-su-cheo's possession of investigative and prosecutorial authority, as well as the right to request warrants, which are constitutionally guaranteed only to prosecutors, undermines the separation of powers. They also claim that the provision requiring other investigative agencies, such as the prosecution, to notify Gong-su-cheo or transfer cases when they become aware of allegations against high-ranking officials is unconstitutional.

The legal community views the possibility of an unconstitutional ruling as low. However, if such a ruling is made, Gong-su-cheo will lose its basis for existence. After its launch on the 21st, Director Kim Jin-wook's official term began, and internally, the process of selecting deputy chief candidates has started. If an unconstitutional ruling is issued, all personnel appointments, including prosecutors and investigators of Gong-su-cheo, will be halted. Since the prosecutor personnel regulations, investigator recruitment rules, and even the organizational structure were publicly announced the day before, the process of revising internal directives or regulations is also likely to be delayed.

However, the issue of the Democratic Party of Korea changing the quorum for the Gong-su-cheo Chief Candidate Recommendation Committee's candidate recommendation from "6 out of 7 members" to "5 out of 7 members" last December, after the failure to recommend a Gong-su-cheo chief candidate, is expected to be excluded from this Constitutional Court ruling. This is because the lawsuit claiming the amendment to the Gong-su-cheo Act is unconstitutional was filed last month and has only recently begun to be reviewed.

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