Prosecutor General's Office Requests Government Legislation Policy Council Meeting from Ministry of Government Legislation... "Requesting Opportunity to Submit Opinions upon Government Transfer"

Seoul Seocho-dong Supreme Prosecutors' Office.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Prosecutors' Office has requested the Ministry of Government Legislation (Minister Lee Kang-seop) to convene the 'Government Legislative Policy Council' regarding the 'Complete Removal of Prosecutorial Investigation Rights' bill ('Geomsu Wanbak') that the Democratic Party of Korea is pushing through.

On the 1st, the Supreme Prosecutors' Office stated, "On the 29th of last month, we requested the convening of the 'Government Legislative Policy Council' in accordance with Article 11-4, Paragraph 1 of the Regulations on Legislative Affairs Operations to present a unified government opinion on the Geomsu Wanbak bill (amendments to the Prosecutors' Office Act and the Criminal Procedure Act) to the Ministry of Government Legislation."

The Supreme Prosecutors' Office also said, "Furthermore, we requested the Ministry of Government Legislation to grant the Supreme Prosecutors' Office the opportunity to submit opinions on the request for reconsideration in accordance with Article 13, Paragraph 1 of the same regulations if the Geomsu Wanbak bill is passed by the National Assembly and sent to the government."

They added, "We expect the Ministry of Government Legislation, which professionally oversees legislative affairs such as reviewing bills to be submitted to the State Council and reviewing bills proposed in the National Assembly, to make responsible and wise decisions."

The Presidential Decree 'Organization of the Ministry of Government Legislation' Article 2 (Duties) stipulates that "The Ministry of Government Legislation oversees the review of bills and treaties to be submitted to the State Council, the review of Prime Minister's ordinances, subordinate ordinances, instructions, and regulations, the drafting of bills at the direction of the President and Prime Minister, overall government legislation, support for legislative maintenance, interpretation of laws, review, consultation, and support for autonomous legislation of bills proposed in the National Assembly, management and provision of national legal information, and other legislative affairs," thereby assigning the Ministry of Government Legislation to oversee tasks such as reviewing bills to be submitted to the State Council and bills proposed in the National Assembly.

Meanwhile, the Government Legislative Policy Council requested to be convened by the prosecution is stipulated in another Presidential Decree, the 'Regulations on Legislative Affairs Operations.'

Article 11-4 (Resolution of Inter-agency Disagreements on Bills) Paragraph 1 of the Regulations on Legislative Affairs Operations states, "The head of the agency in charge of the bill, the head of the agency responsible for a bill proposed by a member of the National Assembly, or the head of a related agency may request the Minister of Government Legislation to submit the matter to the Government Legislative Policy Council pursuant to Article 12-2 if legislative delays occur due to legal disagreements during the government legislative process under Article 11 Paragraphs 1 and 2, or if it is necessary to unify the government's opinion on a bill proposed by a member of the National Assembly.

Article 12-2 (Government Legislative Policy Council and Working Council) Paragraph 1 of the same regulations establishes the council, stating that "The Ministry of Government Legislation shall establish the Government Legislative Policy Council to resolve disagreements among related agencies on bills pursuant to Article 11-4 and to ensure consistent promotion of government legislative policies during the National Assembly's review process under Article 12."

Paragraph 2 of the same article lists the matters to be discussed at the council as follows: ▲ Legal disputes arising between the head of the agency in charge of the bill and related agencies during the government legislative process regarding the content of the bill ▲ Matters concerning the unified government opinion on bills under review in the National Assembly ▲ Legal disputes arising between the heads of relevant central administrative agencies and related agencies regarding the content of presidential or prime ministerial instructions ▲ Matters related to inter-agency cooperation and measures concerning requests for reconsideration under Article 53, Paragraph 2 of the Constitution.

Paragraph 4 of the same article states that "The chairperson of the council shall be the Deputy Minister of the Ministry of Government Legislation," and Paragraph 5 specifies the cases in which the chairperson may convene the council as ▲ when there is a request pursuant to Article 11-4 Paragraph 1 ▲ when the chairperson deems it necessary to resolve disagreements among related agencies during the government legislative process or to unify government opinions on bills proposed by members of the National Assembly.

Article 13 (Notification of Bills Transmitted to the Government, etc.) Paragraph 1 of the Regulations on Legislative Affairs Operations states, "When a bill passed by the National Assembly is transmitted to the government, the Minister of Government Legislation shall promptly notify the heads of related ministries and agencies and listen to their opinions regarding requests for reconsideration pursuant to Article 53, Paragraph 2 of the Constitution."

Paragraph 3 of the same article states, "The Minister of Government Legislation shall review and examine whether to request reconsideration of the bill and its reasons, and if necessary to prepare inter-agency cooperation and measures, shall submit the matter to the council."

The Democratic Party of Korea neutralized the People Power Party's filibuster (unlimited debate) aimed at blocking the passage of the Geomsu Wanbak bill by splitting the session and passed a partial amendment to the Prosecutors' Office Act in the National Assembly plenary session the day before. The amendment limits the scope of cases that prosecutors can directly investigate from the existing six major crimes to two categories: corruption crimes and economic crimes, and restricts prosecutors' supplementary investigation authority.

The Democratic Party plans to pass a partial amendment to the Criminal Procedure Act in the plenary session on the 3rd.

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