Transition Team: "Complete Inspection Ban is a Constitutional Violation... Must Immediately Halt Promotion" (Comprehensive)

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[Asia Economy Reporter Baek Kyunghwan] The Presidential Transition Committee (Transition Committee) has called the Democratic Party's push for 'Geomsu Wanbak' (complete removal of the prosecution's investigative authority) a "constitutional destruction act" and demanded an immediate halt to the attempt to completely abolish the prosecution's investigative authority. The conflict is intensifying as Prosecutor General Kim Oh-soo also expressed his position that it is "a direct violation of the Constitution," in response to the Democratic Party's adoption of Geomsu Wanbak as a party policy and its plan to pass it in the April National Assembly session.

On the morning of the 13th, Yoo Sang-beom, a member of the Political, Judicial, and Administrative Subcommittee of the Transition Committee, said at a press conference at the Transition Committee office in Tongui-dong, Jongno-gu, Seoul, "The complete abolition of the prosecution's investigative authority is a direct contradiction to the constitutional intent that grants prosecutors the right to request warrants, and is nothing less than an act of constitutional destruction."

Member Yoo criticized, "Reform or adjustment of the criminal justice system should be pursued solely from the perspective of criminal justice for the people. The complete abolition of the prosecution's investigative authority has nothing to do with protecting the people and only serves to neutralize the state's investigative function to protect certain individuals or corrupt forces."

He also mentioned concerns that if the prosecutor's investigative authority is abolished, even if a detained suspect is transferred to the prosecution, prosecutors will not be able to conduct supplementary investigations directly, raising the risk that the substantive truth will not be properly uncovered. He raised the possibility that human rights could regress as a result of police, rather than legally trained prosecutors, handling prosecutions. Member Yoo explained that the core of modern criminal justice is the 'separation of prosecution and adjudication,' and no country completely separates investigations accompanying prosecution.

He also pointed out that this act obstructs the new government's administration. Member Yoo said, "Ahead of the new government's inauguration, there is an attempt to completely abolish and neutralize the investigative authority of the prosecution office, a quasi-judicial institution within the government. Matters forming the foundation of national governance, such as criminal justice procedures, are not issues that a single party can arbitrarily and unilaterally amend, even if it is the majority party. This is a refusal to accept the public will confirmed by the presidential election."

President-elect Yoon Seok-yeol also did not hide his discomfort when reporters asked about Geomsu Wanbak on his way to work that day, saying, "I already told you last time." Earlier, upon stepping down as Prosecutor General last year, Yoon had sharply criticized Geomsu Wanbak as "Bupae Wanpan" (corruption running rampant).

However, the Transition Committee stated that since Prosecutor General Kim expressed his position on exercising veto power, it would no longer intervene in political behavior. Member Yoo said, "The Democratic Party unilaterally adopted Geomsu Wanbak as a party policy, raising concerns about legislative dictatorship by the majority party. This was mentioned from the perspective of the responsibility of the transition committee members who will be responsible for future state affairs."

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