Prosecutors Recommend Submitting 'Reconsideration Request' for the "Complete Inspection Ban Act" to the Cabinet Meeting... Official Letter Sent to Park Beom-gye

Prosecutors "Request Review of Reconsideration Demand to Chief of Legislation Office... Recommend Submission of Reconsideration Demand to State Council"
After Plenary Vote on Criminal Procedure Act Amendment on 3rd, Proceed to Promulgation at State Council

On the afternoon of the 30th of last month, the amendment to the Prosecutors' Office Act was passed by vote in the National Assembly plenary session amid opposition from the People Power Party lawmakers. [Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] On the eve of the promulgation of the 'Geomsu Wanbak (Complete Removal of Prosecutorial Investigation Rights)' bill, the prosecution requested Minister of Justice Park Beom-gye to refer the review for reconsideration to the Minister of Government Legislation and recommended submitting the reconsideration proposal to the State Council.

On the 2nd, the Supreme Prosecutors' Office sent an official letter to Minister Park recommending that, pursuant to Article 53 of the Constitution and Article 13, Paragraph 2 of the Regulations on Legislative Affairs, he refer the review for reconsideration to the Minister of Government Legislation and submit the reconsideration proposal to the State Council.

The President must promulgate a bill passed by the National Assembly plenary session within 15 days of its transmission to the government. If there is an objection, the President may attach a written objection and return the bill to the National Assembly within 15 days, requesting reconsideration (再議, re-discussion). However, if President Moon promulgates the 'Geomsu Wanbak' bill at the State Council meeting on the 3rd, the legislative process will be concluded.

The Supreme Prosecutors' Office cited Article 2 (Duties) of the Presidential Decree 'Organization of the Ministry of Government Legislation' as the basis to recommend Minister Park to request the review for reconsideration. According to this provision, 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, and directives, the drafting of bills under the orders of the President and Prime Minister, overall government legislation, support for legislative maintenance, legal interpretation, review and consultation of bills proposed by the National Assembly, support for local legislation, management and provision of national legal information, and other legislative affairs. This stipulates that the Ministry of Government Legislation manages affairs such as reviewing bills to be submitted to the State Council and bills proposed by the National Assembly.

Earlier, 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 the partial amendment to the Prosecutors' Office Act at the National Assembly plenary session on the 30th of last month. The amendment limits the scope of cases prosecutors can directly investigate from the existing six major crimes to two categories: corruption crimes and economic crimes, and restricts the scope of supplementary investigations by prosecutors.

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

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