Hanbyun, Constitutional Challenge to the 'Geomsu Wanbak Act' "Violation of Citizens' Fundamental Rights"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Lawyers for Human Rights and Unification of Korea (Hanbyun) filed a constitutional complaint against the "Complete Removal of Prosecutorial Investigation Rights" (Geomsu Wanbak) bill on the 25th.

Hanbyun held a press conference in front of the Constitutional Court main gate on the same day, stating, "The Geomsu Wanbak law infringes on the basic rights of the people and completely disregards the constitutional principle of due process in the legislative process." They also claimed, "This law is unconstitutional as it violates Article 12, Paragraph 3, and Article 16 of the Constitution, which stipulate quasi-judicial control by prosecutors during compulsory dispositions."

They further stated, "Granting the police the authority to terminate investigations without prosecution and prohibiting complainants from filing objections is unconstitutional as it violates constitutional provisions guaranteeing the criminal victim's right to testify in court proceedings and the criminal suspect's right to claim compensation after non-prosecution decisions."

Regarding the legislative process, they criticized that after Representative Min Hyung-bae left the Democratic Party and joined the agenda adjustment committee, it was a "disguised party withdrawal," calling it "a legislative coup that clearly exceeded the limits of the autonomy granted to the National Assembly by the Constitution."