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Minister of Justice on Opposition Lawmaker's Refusal to Appear over 'Money Envelope Suspicion': "Arrest Warrant May Be Necessary"

"‘Chaesangbyeong Special Prosecutor Act’ May Be Unconstitutional If Presidential Appointment Authority Is Not Guaranteed"

Minister of Justice Park Sung-jae said regarding the refusal of active lawmakers involved in the 'Democratic Party Convention Money Envelope Bribery Allegation' to comply with the prosecution's summons, "Depending on various cases, there may be a need to request an arrest warrant."


Minister of Justice on Opposition Lawmaker's Refusal to Appear over 'Money Envelope Suspicion': "Arrest Warrant May Be Necessary" [Image source=Yonhap News]

On the 9th, during the National Assembly's government questioning session, when Kwon Kyu-taek, a member of the People Power Party, asked, "If a general citizen, not an active lawmaker, repeatedly ignored the investigation agency's summons, wouldn't it be highly likely that an arrest warrant would have been issued?" Park responded in this manner. Earlier, the prosecution had repeatedly requested the attendance of six Democratic Party lawmakers accused of receiving money envelopes, and stated that they are also considering forced investigation measures due to repeated non-compliance with summonses.


Regarding the Democratic Party's successive attempts to impeach prosecutors, Minister Park pointed out, "Proposing impeachment against prosecutors who investigated specific politicians based solely on suspicions without clear evidence can undermine the foundation of the criminal justice system, including the fairness of prosecution investigations, political neutrality, and the fairness of trials." He added, "Prosecutors who are subject to impeachment prosecution suffer serious defamation in the media and are suspended from duty during constitutional trials, which obviously causes them to become very discouraged," and said, "I also think it would be good to have legislative supplements."


Minister Park stated about the 'Third-Party Recommended Special Prosecutor Act' promoted by the Democratic Party, "If the content does not guarantee the president's practical appointment authority, there is a high possibility of unconstitutionality based on the principle of separation of powers." The special prosecutor law, which was proposed by the Democratic Party and others and passed the National Assembly's Judiciary Committee subcommittee on the same day, stipulates that the Chief Justice of the Supreme Court recommends four special prosecutor candidates, and the Democratic Party and non-negotiating opposition parties narrow them down to two, from which the president appoints one. The opposition parties also have a kind of 'candidate veto right' to request re-nomination of candidates recommended by the Chief Justice.


Regarding the special prosecutor law related to allegations against First Lady Kim Geon-hee, wife of President Yoon Seok-youl, which passed the Judiciary Committee subcommittee that day, Minister Park said, "As for the Dior bag and such matters, I understand that the investigation is currently being concluded based on evidence and legal principles." He added, "If there are sufficient suspicions about the remaining parts, a special prosecutor is fine, but in principle, considering the purpose of the special prosecutor system, it is appropriate to decide on a special prosecutor after a normal investigative agency has conducted an investigation and if it is insufficient," emphasizing, "I would appreciate it if you could create and discuss the special prosecutor law after removing all unconstitutional elements."


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