Prosecutors are Considering Confrontation against Special Prosecutor Bill

Ahn Dae-hee, chief of the Central Investigation Bureau of the Supreme Public Prosecutor`s Office, announced yesterday that prosecutors are considering asking judgment on the competence dispute as well as the application for provisional disposition about the validity suspension of the special prosecutor bill to the constitutional court.

Prosecutor Moon Hyo-nam held a press meeting that day, saying, “We do not understand the situation of driving the special prosecutors’ investigation while they are investigating the scandal of the aides surrounding President Roh. Therefore, we are considering confrontation against that issue on the level of jurisdiction. The investigation team is internally discussing the issue that the prosecution has to set the standards about the special prosecution bill.”

Prosecutor Moon added, “Special investigations can be introduced when prosecutors’ investigation is insufficient or when prosecutors are reluctant to investigate the issue. However, now the introduction of special investigations is dependent upon political interests. Prosecutors think that authorized organizations have to set the standards on the introduction of special investigations against the lawmakers’ thought and that special investigations can be started easily only if the parliament makes the relevant law.”

Judgment on the competence dispute in the system in which, if any, controversies regarding the existence of jurisdiction occurs between organs of the State, between an organ of the State and a local government, or between local governments, an organ of the State or local government may request in writing, a judgment of the Constitutional Court as to respective competence.

In case of application for provisional disposition about validity suspension, the period of decision whether jurisdiction accepts the provisional disposition or not is not regulated on the statement. Generally law courts decide the provisional disposition within several days. If the application for provisional disposition is accepted, the validity of the special prosecution bill will be suspended until the judgment on the competence dispute has been decided upon.

Tae-Hoon Lee Jin-Kyun Kil jefflee@donga.com leon@donga.com