Bill Suspending Criminal Trials for President Passes Judiciary Subcommittee with Only Democratic Party Support

"People Power Party Lawmakers Walk Out in Protest"
Kim Keonhee, Insurrection, and Marine Corps Death Special Prosecutor Bills Also Passed by the Subcommittee

On May 7, the Legislation and Judiciary Committee of the National Assembly held a bill review subcommittee meeting and passed an amendment to the Criminal Procedure Act that would suspend ongoing criminal trials if the defendant is elected president. Members of the Legislation and Judiciary Committee from the People Power Party opposed the amendment and walked out, so the bill was passed solely with votes from Democratic Party of Korea lawmakers.

The amendment to the Criminal Procedure Act, which passed the committee's subcommittee, stipulates that "if a defendant is elected president, the court must suspend the trial proceedings by decision from the date of election until the end of the presidential term." This bill, proposed by Democratic Party lawmaker Kim Yongmin, seeks to expand the scope of "prosecution" as stated in Article 84 of the Constitution to include the trial stage as well.

On the 7th, Park Beomgye, a member of the Democratic Party of Korea, chaired the meeting at the Legislation and Judiciary Committee's Bill Review Subcommittee 1 held at the National Assembly.

Article 84 of the Constitution stipulates that "the president shall not be subject to criminal prosecution during his or her term of office, except for cases of insurrection or treason." However, there has been ongoing debate in both political and legal circles as to whether "prosecution" refers only to the indictment stage or also includes trial proceedings. If the amendment is promulgated, any criminal trial involving a presidential candidate who becomes president would be suspended for the duration of their term.

The subcommittee also addressed several other bills, including the so-called "Marine Corps Death Special Prosecutor Act" (the Act on the Appointment of a Special Prosecutor to Investigate Obstruction and Cover-up of the Death of a Marine), the so-called "Insurrection Special Prosecutor Act" (the Act on the Appointment of a Special Prosecutor to Investigate Insurrection and Treason by Former President Yoon Sukyeol and Others), and the so-called "Kim Keonhee Special Prosecutor Act" (the Act on the Appointment of a Special Prosecutor to Investigate State Corruption and Illegal Election Interference Involving Kim Keonhee, Myung Taegyun, Geonjinbeopsa, and Others).

In addition, an amendment to the Prosecutor Disciplinary Act, which allows the Minister of Justice to directly request disciplinary action against prosecutors, was also passed on this day.