[Asia Economy Reporter Oh Ju-yeon] On the 18th, the People Power Party and the Democratic Party clashed at the National Assembly's Legislation and Judiciary Committee over the Ministry of Justice's revised enforcement decree expanding the scope of direct investigations by the prosecution. While the Democratic Party criticized the enforcement decree, which is being implemented a month before the enforcement of the 'Prosecution Complete Abolition of Investigation Rights Act (검수완박, amendment to the Prosecutors' Office Act and Criminal Procedure Act),' for procedural and legal issues, the People Power Party argued that the 검수완박 law itself has serious defects and urged the prompt acceptance of the injunction to suspend its effect.
At the full meeting of the Legislation and Judiciary Committee held at the National Assembly that day, Democratic Party lawmaker Kim Nam-guk pointed out, "While administrative legislation (expansion) in response to public demand is understandable, the current flood of administrative legislation is a serious concern."
He said, "There seem to be many administrative legislations that undermine the separation of powers and liberal democracy, such as the establishment of a personnel verification team in the Ministry of Justice, the establishment of a police bureau within the Ministry of the Interior and Safety to control the police, and the Ministry of Justice's use of enforcement decrees to expand the prosecution's investigative authority, even infringing on the legislative authority set by the National Assembly," and demanded that the Constitutional Court establish clear standards regarding the 'violation of the separation of powers.'
He also said, "(These issues) are politically contentious matters sharply divided between the ruling and opposition parties," and "the review standards according to the Constitution must be strictly maintained."
Park Beom-gye, a lawmaker from the same party, also criticized the revision of the enforcement decree, saying, "This revision is a rollback of the Prosecutors' Office Act and Criminal Procedure Act to before the fast-track process," and strongly condemned, "It expands the scope of the prosecution's investigative authority, which is not just a violation of the rule of law."
On the other hand, the People Power Party raised concerns that the authority dispute trial and injunction to suspend the effect, filed by the Ministry of Justice and the prosecution at the Constitutional Court to block the enforcement of the 검수완박 law, are progressing slowly.
People Power Party lawmaker Yoo Sang-beom said, "The enforcement of 검수완박 is approaching on September 10," and emphasized, "The purpose of the legislation clearly reveals the intention to block investigations into their own (Democratic Party) crimes rather than to enhance public interests, and since it trampled on the National Assembly Act and democracy, there are serious defects that the Constitutional Court must correct, as even senior Democratic Party lawmakers have publicly stated."
He then referred to Min Hyung-bae, who left the Democratic Party to participate as a non-negotiating group member in the Legislation and Judiciary Committee's agenda adjustment committee, saying, "The ruling party abused its power to trample on the National Assembly Act procedures, and the Constitutional Court is responding passively to these procedural and substantive unconstitutional aspects."
Yoo said, "There are serious defects, so shouldn't the injunction to suspend the effect be granted before the enforcement of 검수완박 on September 10?" and questioned, "They said the public hearing for the authority dispute trial will be held on September 27, which is after the law's enforcement. Shouldn't the injunction to suspend the effect be granted before September 10 to prevent serious infringement of rights that may occur due to the law's enforcement?"
Jeon Ju-hye also urged the Constitutional Court for a swift decision, saying, "Even an injunction to suspend the effect should be made promptly (before September 10)."
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