The United Future Party Files Constitutional Review Petition on the Corruption Investigation Office Act

[Asia Economy Reporter Lee Ji-eun] On the 20th, the United Future Party filed a constitutional complaint with the Constitutional Court regarding the Act on the Establishment and Operation of the High-ranking Officials' Crime Investigation Office (HCIO Act).

The United Future Party stated, "The HCIO Act establishes an ultra-constitutional state agency unprecedented worldwide without constitutional grounds, violating the principle of separation of powers, which generally results in the separation of the three branches of government today. It stipulates that the composition of the HCIO is strongly influenced by persons recommended by the President, the Speaker of the National Assembly, and negotiation groups (especially the negotiation group to which the President belongs), which paradoxically undermines the political neutrality required for the composition of the HCIO, making it an unconstitutional provision."

They continued, "The constitutional basis of the HCIO and HCIO prosecutors, as well as their relationship with the Prosecutor's Office and prosecutors, are also vaguely defined, so if conflicts arise between the two institutions in the future, it will inevitably lead to serious infringements on the fundamental rights of the people. From a comparative law perspective, the establishment of an ultra-constitutional independent agency like the HCIO Act is unprecedented worldwide," they added.

The United Future Party also pointed out that the HCIO Act is unconstitutional in that it infringes on the people's rights to life, bodily freedom, equality, property rights, and the constitutional right of prosecutors to request warrants. Although Article 12, Paragraph 3 of the Constitution requires the presentation of a warrant for arrest, detention, seizure, or search, the HCIO Act does not include provisions for warrant requests.

The United Future Party stated, "The HCIO Act does not meet the legislative intent of enhancing the political neutrality of investigative agencies and is highly likely to cause political dependence of investigative agencies, making it effectively an unconstitutional law. The Constitutional Court should promptly confirm the unconstitutionality of the HCIO Act through a constitutional complaint trial to prevent the birth of an ultra-constitutional agency without constitutional grounds and to ensure the protection of the people's fundamental rights."