The Dawn of the Public Corruption Investigation Office Era Without the Public Corruption Investigation Office

United Future Party to File Constitutional Petition in February
"Will Participate in Inauguration Talks Only if Constitutionality Confirmed"
Constitutional Court Hearing Date Not Yet Set
Recommendation Committee Formation Still Incomplete
If Ruling Party Pushes Candidate Recommendation and Follow-up Laws
Concerns Over Legitimacy Controversy and Functional Weakening
Today Is Legal Deadline for Inauguration According to Bill

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court set the date for the verdict on major cases on the afternoon of the 16th, but it did not include the constitutional review case regarding the High-ranking Officials' Crime Investigation Agency (Hoegigongjikja Beomjoe Susa Cheo, Gongchucheo), which exceeded the legally mandated launch deadline on the 15th. The Constitutional Court usually delivers verdicts once a month, but many in the legal community predict that the constitutional review verdict on the Gongchucheo Act will also be excluded next month. Due to ongoing political controversy and the continued postponement of the constitutional judgment, voices are emerging that the formal launch of the Gongchucheo will be difficult within this year.

The constitutional review case on the Gongchucheo Act was filed by the United Future Party in February, claiming that "it creates an ultra-constitutional state agency and violates political neutrality and the principle of separation of powers." In February, the Constitutional Court dismissed a provisional injunction request filed by the conservative-leaning lawyer group 'Lawyers for Human Rights and Unification of Korea' (Hanbyeon), which sought to suspend the effect of the Gongchucheo Act, stating that "the petitioner is not a high-ranking official and thus lacks standing." However, in the case filed by the United Future Party, the court formally accepted the case and is conducting hearings.

[Image source=Yonhap News]

For the Gongchucheo to operate normally, a ruling that the Gongchucheo Act is constitutional must be the basic premise. The United Future Party is using this as a justification to completely abstain from participating in discussions on the Gongchucheo launch until the Constitutional Court's decision is made. They have also refused to recommend members to the candidate recommendation committee for the Gongchucheo chief. According to the Gongchucheo Act, the United Future Party can recommend 2 out of the total 7 members of the recommendation committee.

With the recommendation committee not properly formed, the candidate selection process for the Gongchucheo chief by related organizations is also delayed. The Korean Bar Association, which holds the right to recommend candidates, receives candidate recommendations from lawyers nationwide and holds a standing board meeting every Monday, but so far, they have not even discussed who to nominate as a candidate. A legal community official said, "I understand that the Bar Association is not proceeding with discussions and is only monitoring the situation in the National Assembly."

If the ruling party pushes forward with recommending candidates for the Gongchucheo chief and the passage of follow-up bills, there are concerns that even if the Gongchucheo launches, it will not function properly due to legitimacy controversies. Park Ju-min, a member of the Democratic Party of Korea, appeared on a radio show that morning and said, "The launch of the Gongchucheo is not a political issue," adding, "We intend to continuously persuade and pressure the opposition party with the justification that it is to properly implement the already established law."

Meanwhile, the Gongchucheo Preparatory Group completed the construction of a temporary office for the Gongchucheo at Building 5 of the Government Complex Gwacheon the day before. The preparatory group stated that the physical system for the Gongchucheo launch is already prepared. Nam Gi-myeong, head of the preparatory group, urged, "Please cooperate with the National Assembly in passing follow-up bills and appointing the chief so that the Gongchucheo can be launched promptly."