On September 8, former President Yoon Sukyeol's legal team filed a request with the court for a constitutional review of the current special prosecutor law, claiming it is unconstitutional, and also submitted a constitutional complaint to the Constitutional Court.
In a statement released that day, former President Yoon's legal representatives argued, "The current special prosecutor law fundamentally undermines the principle of separation of powers by allowing the legislature to directly intervene in the executive branch's exclusive authority over investigations, appointing a special prosecutor while excluding certain political parties, and specifying the scope and targets of the investigation." They added, "When the legislature goes beyond setting standards for investigations and intervenes in the investigative process itself, it directly violates the principle of separation of powers established by the Constitution."
They continued, "The current special prosecutor law effectively renders the constitutional principle of warrant requirement meaningless," explaining, "The law allows the National Assembly, with the approval of at least three-fifths of its members, to bypass the judicial warrant requirement for search and seizure. This undermines the fundamental rights framework guaranteed by Article 12 of the Constitution, nullifying it through legislative decision alone, and directly violates the constitutional principle designed to protect personal liberty."
The legal team further stated, "The essence of the special prosecutor system is also being seriously damaged," noting, "The special prosecutor system was originally intended to be supplementary and exceptional, only recognized when the prosecution is unable to conduct an investigation or when an investigation is significantly lacking." They argued, "The law now allows the transfer of cases for the purpose of maintaining prosecution even for cases already on trial, which clearly goes against the principles of supplementarity and exceptionality for special prosecutors. This constitutes undue interference in judicial proceedings and results in a violation of judicial independence."
Additionally, the legal team criticized the so-called 'Stronger Special Prosecutor Law,' saying, "It is a measure that destroys the principle of separation of powers by effectively stripping the executive branch of its authority." Regarding the proposal to establish a special tribunal for insurrection, they stated, "This is an overt form of pressure on the judiciary," adding, "It not only politicizes the judiciary but also seriously infringes on the constitutionally guaranteed 'right to trial by a judge.'"
The legal team emphasized, "We request that the Constitutional Court clearly declare the unconstitutionality of the special prosecutor law through this review and restore the separation of powers and rule of law guaranteed by the Constitution," adding, "The Constitutional Court's decision will serve as the final safeguard for protecting the constitutional order of liberal democracy."
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