Handonghun, "Difficult to Agree with the Conclusion" on the Constitutional Court's Decision on 'Geomsu Wanbak'

Han Dong-hoon, Minister of Justice, expressed on the 23rd that he does not agree with the Constitutional Court's ruling that the so-called 'Geomsu Wanbak' (complete removal of prosecutorial investigation rights) amendment bill is valid.

Minister of Justice Han Dong-hoon [Image source=Yonhap News]

After the Constitutional Court's verdict, Minister Han met with reporters at the Government Complex Gwacheon and said, "It is difficult to agree with the conclusion that it is unconstitutional and illegal but valid," adding, "I deeply regret that we did not receive a substantive answer to constitutional questions that greatly affect the lives of the people."

He continued, "The intention of the five justices in the majority opinion sounds as if it will be acceptable to continue such session splitting or disguised party switching legislation in the future," emphasizing, "However, I find it meaningful that four justices recognized the unconstitutionality and completely denied the effect of the Geomsu Wanbak law."

Five justices of the Constitutional Court judged that the Geomsu Wanbak legislation, which amended the adjustment and distribution of some investigation and prosecution rights among state agencies, does not constitute an infringement of the prosecutor's constitutional authority. They also ruled that since the Geomsu Wanbak legislation cannot be seen as limiting the Minister of Justice's legal authority, Minister Han does not have standing as a petitioner.

Minister Han explained, "This authority dispute trial petition was a way to seek answers to constitutional questions that directly affect the lives of the people," adding, "That is why all legally applicable petitioners, such as prosecutors and the Minister of Justice, were mobilized."

He then said, "As Minister of Justice, I respect the decision of the Constitutional Court," and added, "I will do my best to protect the people from crime within the current legal framework."

Meanwhile, regarding the U.S. State Department's 2022 Country Reports on Human Rights Practices, which pointed out that "the Korean government censors media expression," Minister Han rebutted, saying, "In the United States, it is unlikely that those in power or influential people commonly spread false news to attack their political opponents."

The report cited former Minister of Health and Welfare Yoo Si-min, who was fined for defamation against Minister Han, as an example and criticized, "The Korean government used defamation laws to restrict public debate and censor the expression of individuals and the media."