Ahead of Constitutional Court Public Hearing, Han Dong-hoon vs. National Assembly Exchange Heated Words... Audience and YouTubers Gather

Minister of Justice Han Dong-hoon is expressing his position ahead of the Constitutional Court public hearing on the afternoon of the 27th. Photo by Choi Seok-jin

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Ahead of the public hearing for the constitutional dispute trial filed by the Ministry of Justice against the National Assembly, claiming that the revised Prosecutors' Office Act and Criminal Procedure Act?commonly known as 'Geomsu Wanbak' (Complete Removal of Prosecutorial Investigation Authority)?infringe on prosecutors' investigative powers, both sides engaged in a war of nerves.

On the afternoon of the 27th, before entering the Constitutional Court's grand bench, Minister of Justice Han Dong-hoon told reporters, "The Geomsu Wanbak legislation was enacted with the intent of some politicians to evade criminal investigations, thereby undermining the essential functions of the prosecution," adding, "It is an unconstitutional law that causes harm to the public."

He continued, "If this is allowed, such abnormal legislation will be used as a 'universal cheat key' by the ruling party in the future," and appealed, "I hope the Constitutional Court, as the guardian of the Constitution, will firmly declare that this cannot be tolerated."

When asked why he personally took part in the trial, Minister Han responded rhetorically, "Why would I have any reason not to?" and explained that since it is an important matter related to the rights of the people, he decided to participate directly.

Regarding the recent announcement by the police that contradicted the Ministry of Justice's position, he said he understood it to be the stance of some police officers, not the entire police force.

Jang Ju-young, the representative lawyer for the National Assembly, is stating his position ahead of the Constitutional Court public hearing on the afternoon of the 27th. Photo by Choi Seok-jin

Meanwhile, Jang Ju-young, the attorney representing the National Assembly, countered, "The Constitution does not specify who conducts investigations and prosecutions," adding, "This is a legislative matter that the National Assembly can decide by reflecting the times and the will of the people."

He also stated that the background of the recent law revision was a measure reflecting the public's desire to limit the prosecution's overwhelming authority.

In response to concerns that the revised law would weaken the state's crime response capabilities, he emphasized, "The revised law stipulates various prosecutorial powers such as corrective measures, requests for reinvestigation, and supplementary investigations," and added, "If the powers granted by law are properly exercised, there is no risk of harm to the public."

During the public hearing, the petitioner side had Minister Han personally explain the purpose of the petition, followed by Prosecutor Kim Seok-woo providing additional explanations through a presentation.

On the respondent side, attorney Noh Hee-beom, who is representing the case, explained the Minister of Justice's standing as a party and the legality of the law revision process.

The key issues in this case include whether ▲ prosecutors' investigative and prosecutorial powers are constitutional authorities ▲ there were significant procedural defects in the revision process of the Prosecutors' Office Act and Criminal Procedure Act ▲ if the law revision process was illegal, whether the passed laws are invalid ▲ and whether the Geomsu Wanbak laws infringe on prosecutors' investigative and prosecutorial powers.

Meanwhile, ahead of the public hearing, many citizens, YouTubers conducting personal broadcasts, and protesters holding banners gathered in front of the Constitutional Court in Jaedong, Jongno-gu, Seoul, to attend the hearing. Numerous wreaths supporting the Ministry of Justice and Minister Han were lined up around the Constitutional Court's fence.

On the afternoon of the 27th, when the public hearing for the constitutional dispute case related to the 'Geom-su Wan-bak' law is held, wreaths are lined up along the fence of the Constitutional Court... / Photo by Choi Seok-jin

Citizens holding banners in front of the main gate of the Constitutional Court on the afternoon of the 27th, when the public hearing for the authority dispute trial related to the 'Geom Su Wan Bak' law is held... / Photo by Choi Seok-jin