"Abolition of the Prosecution Office Is Unconstitutional"... Former Ministers of Justice and Prosecutors General Announce Constitutional Petition

Prosecution Alumni Association, Former Ministers and Prosecutors General Issue Joint Statement
"Political Outrage?Will Use All Means Including Constitutional Petition"
"Warrant Request Rights Stipulated in the Constitution... Infringement on Sep

Former Ministers of Justice and Prosecutors General have strongly objected to the passage of the revised Government Organization Act, which includes the abolition of the Prosecutor's Office, calling it a "clear violation of the Constitution" and announcing their intention to file a constitutional complaint.

On September 28, the Prosecutors' Alumni Association (headed by former Prosecutor General Han Sangdae) and former Ministers of Justice and Prosecutors General who share the same view issued a joint statement, saying, "We have repeatedly emphasized that the revision of the Government Organization Act abolishing the Prosecutor's Office is unconstitutional." They added, "Nevertheless, the Democratic Party pushed it through. This unconstitutional law must be immediately repealed."

On the 26th, a truck opposing the abolition of the Prosecutor's Office was parked near the Seoul Central District Prosecutors' Office in Seocho-gu, Seoul. Photo by Yonhap News

They explained, "Article 89 of the Constitution stipulates the appointment of the Prosecutor General, while Articles 12 and 16 stipulate the prosecutors' right to request warrants," adding, "This makes it clear that the Constitution establishes the Prosecutor's Office as a quasi-judicial agency of the government under the principle of separation of powers." They further pointed out, "Abolishing the Prosecutor's Office is a serious infringement on the separation of powers and the rule of law."

They continued, "This revision is an abuse of legislative power and a political outrage that undermines fundamental constitutional values," and declared, "We will use all available means, including a constitutional complaint, to correct this." They also strongly condemned the ruling party's actions, which they said deny democracy and the rule of law, and appealed for support from the legal community and civil society.

The statement was jointly signed by seven former Ministers of Justice, including Kim Jonggu and Kim Kyunghwan, as well as seven former Prosecutors General, including Song Kwangsoo and Kim Jongbin.

Previously, on September 26, the National Assembly, led by the Democratic Party, passed the revised Government Organization Act, which centers on abolishing the Prosecutor's Office and separating the Ministry of Economy and Finance. As a result, the Prosecutor's Office, established in 1948, will be closed in September next year after 78 years. Among the work previously handled by the Prosecutor's Office, investigations will be taken over by the Serious Crimes Investigation Agency, while indictments will be handled by the Prosecution Agency.