Incumbent Prosecutor Files First Constitutional Complaint Against Abolition of Prosecutors' Office

An incumbent prosecutor has filed a constitutional complaint against the Government Organization Act, which centers on the abolition of the Prosecutors' Office. This is the first time that a sitting prosecutor has directly sought a ruling from the Constitutional Court regarding the bill to abolish the Prosecutors' Office.

Yonhap News Agency

According to the legal community on December 30, Kim Sunghoon, Chief Prosecutor at the Cheongju District Prosecutors' Office, announced on the internal prosecution network that on December 29, he had submitted a petition for constitutional review to the Constitutional Court regarding the amendment to the Government Organization Act, which centers on the abolition of the Prosecutors' Office and the establishment of the Serious Crimes Investigation Office (SCIO).

In his petition, Prosecutor Kim argued that the amendment to the Government Organization Act exceeds legislative limits, deprives prosecutors of the investigative authority granted by the Constitution, and unjustly strips them of their status, thereby infringing upon their rights. He pointed out that if the law is enacted and the Prosecutors' Office is converted into the Public Prosecution Office, prosecutors' status will change to public prosecutors, and they will no longer be able to exercise the investigative authority envisioned by the Constitution, thus violating their right to hold public office.

Previously, in September, the amendment to the Government Organization Act-led by the ruling Democratic Party of Korea to abolish the Prosecutors' Office and establish the SCIO and the Public Prosecution Office-passed the National Assembly. After 78 years since its founding, the Prosecutors' Office will close in September next year, with the SCIO taking over investigations and the Public Prosecution Office handling prosecutions.