Ministry of Justice Files Jurisdiction Dispute Petition on 'Prosecution Complete Abolition Act' Today (Comprehensive)

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[Asia Economy Reporter Kim Hyung-min] On the 27th, the Ministry of Justice will file a constitutional complaint against the National Assembly at the Constitutional Court regarding the so-called ‘Geomsu Wanbak Act’ (the law for complete removal of prosecutorial investigation rights).

Earlier, on April 30 and May 3, the National Assembly passed the amended Prosecutors' Office Act and Criminal Procedure Act, led by the Democratic Party of Korea, reducing the types of crimes that prosecutors can directly investigate from the original six major crimes (public official crimes, election crimes, defense industry crimes, major disasters, corruption, economic crimes) to two major crimes (corruption and economic crimes), and allowing only supplementary investigations within the same criminal facts for cases investigated by the police.

After taking office, Minister of Justice Han Dong-hoon formed a task force (TF) within the Ministry of Justice, reviewed the legal principles, and prepared for the constitutional complaint. Minister Han has repeatedly stated that the amended law is unconstitutional. The Constitutional Court is already reviewing a constitutional complaint filed by the People Power Party at the end of April against the Speaker of the National Assembly and the Chairperson of the Legislation and Judiciary Committee during the legislative process of the ‘Geomsu Wanbak Act.’ Since the Ministry of Justice’s constitutional complaint also targets the same law, the cases are expected to be consolidated.

A constitutional complaint is a procedure in which the Constitutional Court determines the scope of authority among state agencies, between state agencies and local governments, or among local governments. The constitutional complaint procedure applies the general adjudication procedure regulations, and oral arguments are conducted separately according to the Constitutional Court Act. If the Constitutional Court deems the complaint itself to be inappropriate or defective, it may dismiss the complaint without oral arguments.

When making decisions on unconstitutionality, impeachment, or dissolution of political parties, at least six out of nine justices must agree according to the Constitution. However, for constitutional complaints, a decision to accept, reject, or dismiss can be made with the majority of the participating justices. Nonetheless, some argue that for the Constitutional Court to rule not only on procedural issues of legislation but also on the unconstitutionality of the law itself, the consent of at least six justices is necessary.

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