South Korea prosecution law faces constitutional challenge
· UPIAug. 3 (Asia Today) -- A revision to South Korea's Criminal Procedure Act abolishing prosecutors' authority to conduct supplementary investigations has passed the National Assembly, shifting attention to whether the Constitutional Court will uphold the measure.
The Democratic Party-led bill is awaiting review and approval by the Cabinet after passing the National Assembly on Friday, legal experts said Monday.
President Lee Jae Myung could place the bill on the Cabinet's agenda as early as Tuesday.
Legal observers said the revised law could face either a jurisdictional dispute case or a constitutional complaint after it is promulgated.
Such challenges can generally be filed after a law is promulgated and before it takes effect.
The central issue would likely be whether prosecutors' investigative authority is protected by the Constitution.
South Korea's Constitution stipulates that warrants for arrest, detention, seizure or search must be issued by a judge upon a prosecutor's request. It does not, however, expressly grant prosecutors investigative authority.
Opponents of the bill could argue that restricting prosecutors' ability to investigate would effectively undermine their constitutionally recognized authority to request warrants.
The Supreme Prosecutors' Office raised that concern Wednesday.
"Preventing prosecutors from requesting warrants without an application from judicial police officers would render prosecutors' constitutional authority to request warrants practically meaningless," the office said.
A previous Constitutional Court ruling could play an important role in any future challenge.
In 2023, the court dismissed a jurisdictional dispute case involving legislation commonly known as the "complete deprivation of prosecutorial investigative authority" law in a 5-4 decision.
At the time, the court said prosecutors' constitutional investigative authority could not necessarily be inferred from the constitutional provision granting them the authority to request warrants.
Legal experts said a constitutional challenge would probably have only a limited immediate effect on criminal trials.
A constitutional law scholar who requested anonymity said it could take the Constitutional Court considerable time to decide the case.
Because a law generally becomes effective after its promulgation and designated implementation date, courts could continue applying the revised law until the Constitutional Court issues a decision, the scholar said.
Hwang Do-su, a former Constitutional Court researcher who is now an attorney, said criminal proceedings would continue unless the court granted an injunction temporarily suspending the law.
Justice Minister Jeong Seong-ho said Monday that the criminal justice system plays an important role in protecting people's lives, property and safety.
"If the changes do not reflect conditions in the field and cause victims to suffer greater harm or prevent them from receiving proper protection, they should be corrected promptly," Jeong told reporters after a ceremony appointing new prosecutors at the government complex in Gwacheon, south of Seoul.
-- Reported by Asia Today; translated by UPI
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Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260803010000711