Ex-Officials Call for Prosecutors' Office Revival, Citing Unconstitutionality

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Legal and Constitutional Concerns Over the Abolition of the Prosecutors’ Office

A recent development in the legislative process has sparked significant concern among legal professionals and former government officials. The revised Government Organization Act, which proposes the abolition of the Prosecutors’ Office, was passed during a plenary session of the National Assembly. This move has been met with strong opposition from former ministers of justice and prosecutors general, who have condemned it as a clear violation of the constitution.

The Prosecutors’ Fellowship, an organization composed of retired prosecutors, along with several former ministers of justice and prosecutors general, issued a public statement on the 28th. In their statement, they emphasized that the revision of the Government Organization Act to abolish the Prosecutors’ Office is unconstitutional and must be withdrawn. They pointed out that despite repeated warnings, the Democratic Party of Korea managed to pass the bill in the National Assembly. However, they argue that this law is unconstitutional and should be immediately discarded.

Constitutional Provisions and Separation of Powers

The statement highlights that the Constitution explicitly outlines the appointment of the Prosecutors’ General in Article 89 and grants prosecutors the right to request warrants under Articles 12 and 16. These provisions, according to the group, demonstrate that the Constitution establishes the Prosecutors’ Office as a quasi-judicial agency within the government. Therefore, abolishing it would be a direct violation of the constitutional framework.

They further argue that the abolition of the Prosecutors’ Office represents a serious violation of the principle of separation of powers and the rule of law. This action, they claim, is an abuse of legislative power and a form of political tyranny that undermines fundamental constitutional values. The group asserts that such a move damages the integrity of the democratic system and the principles that uphold the rule of law.

Condemnation of the Ruling Party’s Actions

The Prosecutors’ Fellowship and its allies strongly condemn the ruling party's actions, which they view as an affront to democracy and the rule of law. They urge all legal professionals and members of the public to reflect on the implications of this decision. The group has pledged to use all available means, including filing a constitutional appeal, to challenge what they describe as an anti-democratic and anti-historical legal revision.

Background of the Prosecutors’ Fellowship

The Prosecutors’ Fellowship is a well-established organization that brings together retired prosecutors. Its current president is Han Sang-dae, a former Prosecutors’ General who served in key roles during the Lee Myung-bak administration. He was head of the Ministry of Justice’s Prosecution Bureau and the Seoul Central District Prosecutors’ Office, and he held the position of Prosecutors’ General from 2011 to 2012. His leadership adds credibility to the group’s stance and underscores the gravity of their concerns.

Broader Implications for the Legal System

This controversy raises important questions about the balance of power within the government and the role of the Prosecutors’ Office in maintaining the rule of law. The debate over the abolition of the Prosecutors’ Office reflects deeper tensions between different branches of government and the potential consequences of legislative overreach. As the situation unfolds, it remains to be seen how the judiciary and the public will respond to these developments.

Legal experts and civil society groups are closely monitoring the situation, as the outcome could have far-reaching implications for the future of the legal system and the protection of constitutional rights. The ongoing dialogue between the Prosecutors’ Fellowship and the ruling party highlights the importance of upholding democratic principles and ensuring that legislative decisions align with constitutional standards.

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