Constitutional Court to Rule on the 검수완박 Bill Today
Presidential Office "Will Watch the Outcome"
President Yoon's 'Political Path' Following 검수완박
As the Constitutional Court's ruling on the so-called "Geomsu Wanbak" (complete removal of prosecutorial investigation rights) bill, which is the amended Prosecutors' Office Act and Criminal Procedure Act led by the Democratic Party of Korea, is expected on the 23rd, the Presidential Office is closely monitoring the outcome. While being cautious about the controversy over the separation of powers and the opposition's criticism of the Yoon Seok-yeol administration as a "prosecutorial republic," it is anticipated that the ruling will inevitably lead to changes in the nation's investigative capabilities and have a significant impact on the political sphere.
On the day of the Constitutional Court's ruling on Geomsu Wanbak, the Presidential Office kept its distance by stating, "We will provide our opinion after observing the result." However, it was clear that there was keen interest in the verdict.
In 2021, as prosecutorial investigations into the Moon Jae-in administration expanded, the Democratic Party of Korea pushed for the Geomsu Wanbak bill. In response, President Yoon, then Prosecutor General, visited the Daegu District and High Prosecutors' Offices in March of the same year and made the infamous remark that "Geomsu Wanbak is corruption fully unleashed (Bupae Wanpan)." The next day, he expressed his intention to resign as Prosecutor General, saying, "The constitutional spirit and rule of law system that have sustained this country are being destroyed."
The Democratic Party pursued the Geomsu Wanbak bill on April 29 and May 3, after President Yoon's election. The People Power Party filed a constitutional dispute suit in April last year, citing reasons such as Min Hyung-bae, a Democratic Party lawmaker, disguising his party withdrawal and the weakening of the Legislative and Judiciary Committee's agenda adjustment committee. The Ministry of Justice and the prosecution also filed a constitutional dispute suit against the Speaker of the National Assembly in June last year, arguing that the bill contained unconstitutional provisions that infringed on basic rights by preventing prosecutors' constitutionally guaranteed investigative rights from functioning properly and creating gaps in public protection.
However, within the Presidential Office, there is a cautious atmosphere as expressing opinions before the judiciary?the Constitutional Court?renders its judgment could be criticized as an infringement on the separation of powers. A senior official from the Presidential Office said, "The Presidential Office has, in principle, not issued statements regarding judicial decisions." It is expected that after the ruling, the Ministry of Justice, rather than the Presidential Office, will issue statements and conduct legal reviews.
The fact that key positions in the Yoon Seok-yeol administration are held by former prosecutors, leading to criticism of a "prosecutorial republic," is also interpreted as a reason why the Presidential Office is distancing itself from this issue. Since winning the presidential election in March last year, President Yoon has refrained from directly mentioning Geomsu Wanbak and has focused on messages about revitalizing the economy.
Geomsu Wanbak is a significant issue that led Prosecutor General Yoon Seok-yeol into politics, and since the government has consistently emphasized securing national investigative capabilities and the need to check the potentially overgrown police force, there is cautious interest both inside and outside the Presidential Office. In July last year, regarding the establishment of the Police Bureau, the Presidential Office criticized the opposition, saying, "If measures to check and supervise the police's (authority) expansion had been created during the legislative adjustment of prosecutorial and police investigative rights, such actions as now would not have been necessary."
Moreover, depending on whether the Constitutional Court rules the bill unconstitutional, significant repercussions are expected in the political arena. If the court recognizes the invalidity of the Geomsu Wanbak law, prosecutors will be able to take the lead in investigating six major crimes again. However, if the court upholds the National Assembly's authority without recognizing any infringement, criticism from the opposition regarding the enforcement decree, which partially supplements prosecutorial investigative capabilities, is expected to continue.
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