Opinion Submitted to National Assembly
"Law for a Specific Individual... Highly Likely to Be Unconstitutional"
The Ministry of Justice has expressed opposition to the Democratic Party of Korea's push to amend the Criminal Procedure Act to suspend criminal trials for a sitting president until the end of their term, stating that "there is a risk that the presidency could become a refuge for criminals."
Minister of Justice Sungjae Park is responding to a question from Youngbae Kim, a member of the Democratic Party of Korea, during the National Assembly plenary session on April 14, 2025, where questions on politics, diplomacy, unification, and security were held. Photo by Hyunmin Kim
According to the Ministry of Justice and the National Assembly Legislation and Judiciary Committee on May 7, the Ministry submitted an opinion to the National Assembly requesting "careful review" of the proposed amendment to the Criminal Procedure Act, which was introduced by 25 Democratic Party lawmakers including Yongmin Kim.
The bill was introduced on May 2, the day after the Supreme Court remanded the case of Democratic Party presidential candidate Jaemyung Lee for violation of the Public Official Election Act with a guilty verdict. The move appears to be an attempt to resolve uncertainty surrounding the interpretation of Article 84 of the Constitution, which grants presidential immunity from prosecution, by explicitly stipulating the suspension of trials in the Criminal Procedure Act.
In response, the Ministry of Justice pointed out, "There is a debate as to whether criminal trials are included in the term 'prosecution'?with one interpretation supporting suspension of trials and the other supporting continuation of trials. The privileges granted to the president by the Constitution should be interpreted as restrictively as possible to minimize concentration of power. Therefore, it would be preferable to introduce the content of the amendment through constitutional revision after gathering public opinion."
The Ministry also stated, "The amendment could be interpreted as legislation for a specific individual, and it irrationally discriminates between those whose criminal trials are finalized after the presidential election and those who have lost their candidacy rights due to finalized criminal trials. It also risks violating Article 68 of the Constitution and the principle of equality, raising serious constitutional concerns."
Article 68 of the Constitution stipulates that if a president-elect dies or loses eligibility due to a court ruling or other reasons, a successor must be elected within 60 days. The Ministry's statement suggests that the proposed amendment is inconsistent with this provision.
The Ministry of Justice further stated, "Suspending trials for crimes committed before taking office, even though such crimes are unrelated to the performance of presidential duties, would undermine strict legal requirements for holding public office and unjustly guarantee the term of an ineligible defendant."
The Ministry added, "This could result in the presidency becoming a refuge for criminals, damage public trust, and negatively affect the credibility and national standing of the Republic of Korea. Stipulating a suspension of trial procedures for the president in the Criminal Procedure Act is inconsistent with the overall legal system."
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