Minister of Justice: "Special Prosecutor Law for Chae Sang-byeong, Request for Reconsideration... 'Deemed Appointment by Opposition' Provision Violates Constitution"

Minister of Justice Park Seong-jae stated on the 9th regarding the "Act on the Appointment of a Special Prosecutor for the Investigation of Obstruction and Concealment of the Death of a Marine in the Line of Duty (Special Prosecutor Act for Chae Sang-byeong)" that "this bill not only allows the opposition party to effectively exercise the special prosecutor appointment power granted to the president under the Constitution, but also includes a provision for 'deemed appointment,' which violates the constitutional principle of separation of powers."

Minister of Justice Park Seong-jae (second from right) is attending the Cabinet meeting held at the Government Seoul Office in Jongno-gu, Seoul on the 9th. At the meeting, the right to request reconsideration (veto) of the 'Special Investigation Act for Corporal Chae,' which was passed by the National Assembly plenary session, was reviewed and resolved. Photo by Jo Yong-jun jun21@

After the Cabinet meeting on the same day, Minister Park held a briefing at the Seoul Government Complex and said, "A special prosecutor should be introduced supplementarily and exceptionally only in cases where investigations by existing investigative agencies such as the Corruption Investigation Office for High-ranking Officials (CIO) or the prosecution are insufficient or where the fairness or objectivity of the investigation is in doubt. However, in this case, subsidiarity and exceptionality are not recognized." He added, "Granting the special prosecutor the authority to dismiss charges during ongoing trials violates the principle of separation of powers and does not align with the criminal law system and the purpose of the charge dismissal system."

Earlier, the government held a Cabinet meeting presided over by Prime Minister Han Deok-su and resolved to request reconsideration of the Special Prosecutor Act for Chae Sang-byeong.

Minister Park said, "There are persistent concerns about human rights violations due to real-time briefings by special prosecutors whose political neutrality is not guaranteed, excessive investigative personnel and duration, and a massive expenditure of taxpayers' money is expected." He continued, "The special prosecutor's investigation period is up to 150 days, the longest in history, and unlike previous special prosecutors, investigations can be conducted even during the preparation period, resulting in significant concerns about human rights violations due to excessive investigations."

He also stated, "The provisions prohibiting obstruction of investigations and requiring avoidance by public officials under investigation have unclear conditions and are highly susceptible to arbitrary interpretation, which could be exploited for unjust political attacks against the government, such as impeachment, dismissal recommendations, and disciplinary demands based on these provisions." He reiterated, "This bill was forcibly passed by the ruling opposition party relying solely on numerical superiority without sufficient deliberation, severely undermining the democratic principle of majority rule."

President Yoon can exercise the right to request reconsideration (veto) within 15 days from the day the bill is transmitted to the government, by June 20. Currently visiting the United States to attend the North Atlantic Treaty Organization (NATO) summit, President Yoon is expected to approve the veto electronically.