With "I drank but it wasn't drinking" backlash vs Opposition "Han Dong-hoon resign"

Constitutional Court Decision on 검수완박 Sparks Reactions from Both Parties
'Disguised Party Defection' Controversy 민형배 "Complete Misinformation"

On the 23rd, the Constitutional Court ruled that although there were unconstitutional elements in the process of voting on the so-called 'Complete Removal of Prosecutorial Investigation Rights Act' (검수완박법) that completely strips the prosecution's investigative authority, the law is not invalid. In response, the ruling party criticized the decision as incorrect, while the opposition party stated that they respect the Constitutional Court's ruling and emphasized their commitment to completing the reform of power institutions.

The People Power Party (PPP) expressed disagreement with the Constitutional Court's ruling on the same day. Kim Gi-hyeon, the PPP party leader, told reporters during a plenary session at the National Assembly, "This is the height of absurd sophistry," and criticized, "It looks more like a political court than a constitutional court."

Kim Mi-ae, the PPP floor spokesperson, also strongly criticized the decision in a statement, saying, "The decision reminds me of the saying, 'I drank alcohol, but I was not driving under the influence,'" and added, "The Constitutional Court has officially granted the 169-seat giant opposition party, the Democratic Party, the 'Lawmakers Bypassing the Legislation and Judiciary Committee' right, allowing them to ignore the committee's review and voting rights stipulated by the National Assembly Act."

Kim further pointed out, "During last year's forced passage of the Complete Removal of Prosecutorial Investigation Rights Act by the Democratic Party, the then chairperson of the Legislation and Judiciary Committee appointed Min Hyung-bae, who had disguised his party resignation as a trick, as a member of the agenda coordination committee for the non-negotiating group to neutralize the agenda coordination committee, which was designed to prevent unilateral processing of bills by numerical superiority," and added, "The Democratic Party hastily concluded the agenda coordination committee discussions, which are intended to reconcile differences over up to 90 days, in just 17 minutes."

Kang Min-guk, the PPP chief spokesperson, also stated in a comment, "Today, the Constitutional Court has given a pardon to the Democratic Party's 'Complete Removal of Prosecutorial Investigation Rights' parliamentary outrage," and said, "The standing committee made an unconstitutional resolution, so how can the plenary session's resolution be constitutional? No citizen can understand this."

Yoo Sang-beom, a PPP lawmaker who filed the constitutional lawsuit, also expressed regret during a press meeting at the National Assembly, saying, "Because the disguised resignation and the then chairperson of the Legislation and Judiciary Committee passed the bill without going through the agenda coordination committee, if that is recognized, then the chairperson's resolution should also be invalid," and added, "I think there are various political backgrounds for not invalidating the bill's effect or it was a wrong logical judgment."

[Image source=Yonhap News]

On the other hand, the Democratic Party stated that they respect the Constitutional Court's judgment but expressed regret over some procedural issues pointed out. Park Hong-geun, the Democratic Party floor leader, held a press conference at the National Assembly immediately after the plenary session and said, "This decision respects the National Assembly's legislative authority and the legislative intent of prosecutorial reform based on constitutional spirit," and added, "The Democratic Party will accelerate the completion of power institution reforms following this Constitutional Court ruling."

At the same time, he criticized Minister of Justice Han Dong-hoon for revising the enforcement decree last year, known as 'Restoration of Prosecutorial Investigation Rights' (검수원복), and demanded his immediate resignation. He raised his voice toward Minister Han and President Yoon Seok-youl, saying, "They must clearly apologize for attempts to nullify prosecutorial reform legislation and immediately restore the illegal enforcement decree to its original state."

Park Kwang-on, a Democratic Party lawmaker who served as the chairperson of the Legislation and Judiciary Committee when the bill passed, stated on Facebook, "Although late, the Constitutional Court has recognized the legality of the prosecutorial reform bill," and said, "We respect the Constitutional Court's decision." However, he rebutted the procedural issues cited by the court, saying, "The prosecutorial reform bill was created after several consultations among then National Assembly Speaker Park Byeong-seok and floor leaders Park Hong-geun and Kwon Seong-dong," and added, "It was accepted in the party meetings of both the ruling and opposition parties. The floor leaders and committee members of both parties coordinated the bill's provisions until just before its passage in the Legislation and Judiciary Committee."

Meanwhile, regarding the reinstatement of independent lawmaker Min Hyung-bae, who was controversial for his 'disguised resignation' during the bill's passage, it is expected that discussions will be held at the party level in the future. On the same day, Min told reporters at the National Assembly, "It is completely false that I moved to the Legislation and Judiciary Committee to attend the agenda coordination committee," and defended, "I was transferred for the sole purpose of Minister Han's confirmation hearing." He continued, "I was a third party," and appealed, "This is clearly political business by the prosecution and the People Power Party."

[Image source=Yonhap News]

Last June, the Democratic Party passed amendments to the Prosecutors' Office Act and the Criminal Procedure Act that reduced the types of cases the prosecution can directly investigate from the existing six major crimes (economic, corruption, public officials, election, defense business, and large-scale disasters) to two (corruption and economic crimes), and separated the prosecutors who initiate investigations from those who prosecute.

In response, PPP lawmakers Yoo Sang-beom and Jeon Ju-hye filed a lawsuit requesting the court to determine the invalidity of the amendments, arguing that the then chairperson of the Legislation and Judiciary Committee, who was a member of the Democratic Party, and Speaker Park Byeong-seok processed the amendments in the committee and plenary session, infringing on the minority party's rights to review and vote.

The Constitutional Court accepted the request for adjudication of authority dispute filed by Yoo and Jeon against then chairperson Park with a 5-4 decision. The court found that the chairperson's approval of the amendments to the Prosecutors' Office Act and the Criminal Procedure Act infringed on the PPP lawmakers' rights to review and vote, constituting procedural issues. However, the court dismissed the authority dispute filed by the PPP against the National Assembly Speaker who approved and promulgated the 'Complete Removal of Prosecutorial Investigation Rights Act' by a 5-4 decision.