[Asia Economy Reporter Kim Daehyun] The constitutional complaint challenging the decision to recommend the head candidate of the High-ranking Officials' Crime Investigation Agency (PCC) without the participation of opposition party recommended members has been dismissed. Dismissal refers to a decision to end the procedure without judging the constitutionality itself when the lawsuit or claim does not sufficiently meet the legal requirements necessary for filing a constitutional complaint.
According to the legal community on the 8th, the Constitutional Court dismissed the constitutional complaint filed by lawyer Lee and Professor Han Seokhun of Sungkyunkwan University Law School regarding the invalidity of the PCC head candidate recommendation, stating, "The petitioners are subjects of public authority exercise, not subjects of fundamental rights."
In December last year, lawyer Lee and Professor Han participated as opposition party recommended members in the PCC head candidate recommendation committee. At that time, the recommendation committee resolved two candidates for the PCC head: Kim Jinwook, then senior researcher at the Constitutional Court, and Lee Geonri, vice chairman of the Anti-Corruption and Civil Rights Commission.
However, opposition recommended members Lee and Han did not participate in the vote in protest against the amendment to the PCC Act that relaxed the quorum for resolution, effectively nullifying the opposition's veto power. They argued that the vote, which was forced ahead despite the absence of opposition recommended members, lacked procedural legitimacy.
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