'Opposition Veto Power Neutralized' Corruption Investigation Office Act... Constitutional Court "No Problem" (Update)
[Asia Economy Reporter Baek Kyunghwan] The constitutional complaint challenging the revised "Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Office" (High-ranking Officials Crime Investigation Office Act), which nullified the opposition party's veto power, was dismissed for being unconstitutional.
On the 29th, the Constitutional Court unanimously dismissed the constitutional complaint claiming that the revised High-ranking Officials Crime Investigation Office Act, which set the quorum for the recommendation of the head candidate, violated the principle of popular sovereignty and was unconstitutional.
The High-ranking Officials Crime Investigation Office Act was enacted in July last year, and the candidate recommendation committee for the head was formed, but it failed to meet the quorum due to opposition from the opposition party. Subsequently, the ruling Democratic Party of Korea passed a revised bill in December last year that reduced the quorum for the seven-member candidate recommendation committee from six to five, which is two-thirds, thereby easing the approval requirements.
In response, Yoo Sang-beom of the People Power Party and the Lawyers for Human Rights and Unification of Korea filed a constitutional complaint, arguing that "the revised High-ranking Officials Crime Investigation Office Act, which nullifies the opposition party's veto power and allows lawyers without trial, investigation, investigation, or practical experience to be appointed as prosecutors of the High-ranking Officials Crime Investigation Office, violates the spirit of the Constitution and undermines the rule of law."
However, the Constitutional Court pointed out that "the provisions related to the recommendation of the head candidate only concern the authority of negotiation groups to participate in the composition of state institutions and do not affect the legal status of the petitioner," and "since there is no possibility of infringement of fundamental rights, the petition is inadmissible."
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Meanwhile, this is the second time the High-ranking Officials Crime Investigation Office Act has been reviewed by the Constitutional Court. Earlier, in January, the court dismissed a constitutional complaint pointing out the unconstitutionality of the Act. The complaint was filed by members of the United Future Party in February last year, claiming that the High-ranking Officials Crime Investigation Office, which claims to be an independent organization from the government, violates the principle of separation of powers.
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