Prosecutor challenges law, says it violates constitutional rights

A sitting prosecutor has filed a constitutional challenge to a revised government organization law that would abolish the prosecution service, arguing that it infringes on constitutionally guaranteed rights to hold public office. This marks the first time a current prosecutor has asked the Constitutional Court to review such legislation.

On Dec. 29, Kim Seong-hoon, chief prosecutor of the Major Economic Crimes Investigation Division at Cheongju District Prosecutors’ Office, submitted the petition. He cited the Constitution’s provision granting prosecutors the authority to request warrants during compulsory investigations. Kim argued that the 1954 Criminal Procedure Act was based on this principle, positioning prosecutors not only as public officials responsible for prosecution but also as investigators overseeing police inquiries, thereby exercising constitutional authority.

Kim asserted that the law overreaches constitutionally by stripping the prosecution of its investigative authority. He argued that the measures unlawfully deprive prosecutors of their investigative powers and infringe on their right to hold public office.

“Since 2020, criminal procedures in South Korea have completely departed from the normal developmental path of a modern rule-of-law state and shifted toward a police-centered system,” Kim said. “By abolishing the prosecution service, this provision removes the final barrier to fully converting the system into police-centered criminal procedures.”


소설희기자 facthee@donga.com