DP Proposes Repeal of Prosecutors' Disciplinary Act... Accelerates 'Dismissal Without Impeachment'

Prosecutors' Collective Backlash Over Dropping Daejang-dong Appeal
Prosecutor General and Chief Prosecutors Can Be Dismissed Without Impeachment
Democratic Party: "Strengthening Democratic Oversight"

On November 14, the Democratic Party of Korea began pursuing the repeal of the Prosecutors' Disciplinary Act and an amendment to the Prosecutors' Office Act, which would allow prosecutors, including the Prosecutor General, to be dismissed like ordinary civil servants without going through an impeachment process. The stated rationale is to eliminate privileges by subjecting prosecutors to the same disciplinary standards as other government officials. However, since the bills were introduced immediately after collective backlash over the decision to drop the Daejang-dong case appeal and the resignation of Acting Prosecutor General Noh Manseok, some interpret this move as an attempt to pressure the prosecution.

Moon Geumju, Kim Hyunjung, and Baek Seunga, who serve as floor spokespersons for the Democratic Party, submitted the Prosecutors' Office Act amendment and the bill to repeal the Prosecutors' Disciplinary Act to the National Assembly Secretariat's bill division earlier that morning. Both bills were sponsored by Floor Leader Kim Byungki.

Unlike ordinary civil servants, prosecutors are currently subject to disciplinary actions such as reprimand, salary reduction, suspension, dismissal, or removal under the Prosecutors' Disciplinary Act when misconduct is discovered. The Democratic Party's proposal includes abolishing this act and deleting the clause in the Prosecutors' Office Act that states, "Prosecutors cannot be dismissed unless they are impeached or sentenced to imprisonment or a more severe punishment." The intention is to allow the dismissal of prosecutors, including the Prosecutor General, without an impeachment process. Floor spokesperson Kim explained, "The law will not be applied retroactively," adding, "We aim to pass it within this year."

Democratic Party members Moon Geumju (right), Baek Seunga, and Kim Hyunjung submitted the bill to repeal the Prosecutors' Disciplinary Act and the partial amendment bill of the Prosecutors' Office Act on the 14th at the National Assembly Secretariat in Yeouido, Seoul. 2025.11.14 Photo by Kim Hyunmin

One of the problems cited is that even when prosecutors' misconduct is identified, they cannot be dismissed until a criminal trial verdict or impeachment ruling is finalized. However, there are also strong concerns that prosecutors, as quasi-judicial officials, could become more vulnerable to political interference. In response, Floor spokesperson Baek argued, "In fact, prosecutors have so far wielded unchecked power," adding, "This is intended to strengthen democratic oversight of the prosecution and establish public service ethics that meet the expectations of the people."

Regarding the prosecutors' backlash triggered by the decision to drop the Daejang-dong appeal, the Democratic Party characterized it as "insubordination." Floor spokesperson Baek urged Minister of Justice Jeong Seongho, stating, "Even if this law passes, it will not be applied retroactively, so prosecutors currently engaging in insubordination or selective resistance should be dismissed from their positions or reassigned."

As for the National Assembly investigation into the Daejang-dong case, the Democratic Party favors an investigation by the National Assembly's Legislation and Judiciary Committee rather than the special committee proposed by the People Power Party. This appears to be a strategy to focus on allegations of investigative manipulation rather than the prosecution's decision to drop the Daejang-dong appeal, as advocated by the People Power Party. While special committees are typically composed of equal numbers from both parties, the current Legislation and Judiciary Committee consists of 10 Democratic Party members, 7 People Power Party members, and 1 member from the Cho Kuk Innovation Party, giving the Democratic Party an advantage. Nonetheless, Floor spokesperson Kim emphasized, "Our party is making efforts to adhere to the principle of bipartisan agreement regarding the National Assembly investigation," reiterating the party's willingness to negotiate with the People Power Party.

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