Constitutional Court: "PCC Law Constitutional... Establishment of Independent Administrative Agency Not Prohibited by Constitution"
[Asia Economy Reporter Baek Kyunghwan] The Constitutional Court has ruled that the law establishing and operating the Corruption Investigation Office for High-ranking Officials (hereinafter referred to as the CIO) does not violate the Constitution.
On the 28th, the Constitutional Court made a ruling that the law concerning the establishment and operation of the CIO is constitutional in a constitutional complaint trial claiming it violates the principle of separation of powers.
The bench stated, "It is reasonable to consider the CIO as a central administrative agency affiliated with the executive branch headed by the President, with jurisdiction nationwide." It further pointed out, "It cannot be said that establishing an independent form of administrative agency not belonging to any administrative department is prohibited by the Constitution."
Earlier, lawmakers from the People Power Party's predecessor, the United Future Party, filed a constitutional complaint in February last year, arguing that the CIO is an 'extra-constitutional state agency' and challenged the CIO Act. They claimed that the CIO, which claims to be an independent organization from the government, violates the principle of separation of powers, which means the separation of the three branches of government.
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Meanwhile, the CIO was launched on the 21st with the inauguration of its first chief, Kim Jin-wook, following approval by President Moon Jae-in. Chief Kim is expected to select candidates for the chief position as early as this week and recommend appointments to President Moon. In this regard, Chief Kim also plans to hold a briefing at 5 p.m. today at the Government Seoul Office on CIO personnel recruitment and current issues including the Constitutional Court.
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