Ministry of Justice Files Jurisdiction Dispute Petition with Constitutional Court over 'Geomsu Wanbak Act'

Minister of Justice Han Dong-hoon, Kim Seon-hwa Head of the Public Trial Department at the Supreme Prosecutors' Office, and 5 Prosecutors as 'Joint Petitioners'
Also Filed for Provisional Injunction to Suspend Effect... If Granted, 'Effect Suspended' Until Main Judgment

The second bill among the inspection reform bills, the amendment to the Criminal Procedure Act, passed the National Assembly plenary session on the 3rd of last month. Photo by Yoon Dong-joo doso7@

[Asia Economy Reporter Heo Kyung-jun] On the 27th, the Ministry of Justice filed a constitutional dispute adjudication with the Constitutional Court regarding the so-called 'Prosecutorial Investigation Completion Reform Act'?the amended Prosecutors' Office Act and Criminal Procedure Act?and also applied for a provisional injunction to suspend its effect. The constitutional dispute adjudication is a procedure in which the Constitutional Court determines the scope of authority between state agencies, between state agencies and local governments, or between local governments.

The Ministry of Justice formed a 'Constitutional Issues Research Task Force' and, after an in-depth review of the legislative process and the constitutionality of the legal content, judged that the unconstitutionality of the legislative amendment procedure is serious and clear, and that the content of the legal amendment is unconstitutional as it causes a severe infringement of the fundamental rights of the sovereign people.

The Ministry of Justice stated that it filed the constitutional dispute adjudication against the National Assembly to restore procedural democracy and the rule of law under the Constitution and to normalize the criminal justice system to protect the fundamental rights of the people.

Considering the time limit to file within 60 days and the imminent enforcement date of the Prosecutorial Investigation Completion Reform Act on September 10, it was necessary to take prompt action after the final internal review on the unconstitutionality was completed, which is why the constitutional dispute adjudication was filed on this day, according to the Ministry of Justice.

The petitioners jointly filed the case: Han Dong-hoon, Minister of Justice, who oversees prosecutorial affairs under the Government Organization Act; Kim Seon-hwa, Chief of the Public Trial Department at the Supreme Prosecutors' Office, responsible for constitutional court-related tasks; and five frontline prosecutors representing the prosecutors as the direct subjects of the infringed authority.

The Ministry of Justice also filed a provisional injunction to suspend the effect of the Prosecutorial Investigation Completion Reform Act. If the injunction is granted, its effect will be suspended until the Constitutional Court's main judgment.

The amended law reduced the crimes for which prosecutors can directly initiate investigations from the existing six major crimes (public official crimes, election crimes, defense industry crimes, major disasters, corruption, and economic crimes) to two major crimes (corruption and economic crimes). Additionally, it stipulated that supplementary investigations on cases investigated by the police are only possible within the same criminal facts.

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