Former Justice Ministers and Prosecutors General File Constitutional Appeal, Calling Prosecutors' Office Abolition Unconstitutional

A group of former justice ministers and prosecutors general in South Korea have jointly filed a constitutional appeal against the recently passed revision to the Government Organization Act, which aims to abolish the prosecution service. The elders of South Korea's legal community, including Kim Jong-gu and Kim Kyung-hwan (former Justice Ministers), Song Kwang-su and Kim Jong-bin (former Prosecutors General), and Han Sang-dae (former Prosecutor General), issued a joint statement on September 28, declaring, "The abolition of the Prosecutors' Office is plainly unconstitutional. We will file a constitutional petition with the Constitutional Court."

This statement was backed by the Prosecutors' Alumni Association, underscoring widespread concern among senior members of the judiciary.

"The Constitution clearly stipulates in Article 89 the appointment of the Prosecutor General, and in Articles 12 and 16, the authority of prosecutors to request warrants," the joint declaration emphasized. "These provisions explicitly establish the prosecution office as a quasi-judicial organ in accordance with the principle of separation of powers. Abolishing it is therefore unconstitutional."

The former officials further criticized the legislation, describing it as "a grave violation of the principle of separation of powers and the rule of law." They characterized the move as "an abuse of legislative power that undermines constitutional values and amounts to a politically motivated act of tyranny."

The group continued, "We strongly condemn the ruling party's actions, which disregard democracy and the rule of law, and appeal to the conscience of all legal professionals and citizens." They vowed, "We will use all available means, including constitutional litigation, to rectify this antidemocratic and antihistorical amendment."

Concerns have also been echoed within the current prosecution. Norman Seok, acting Prosecutor General, voiced his dismay in an internal letter, stating, "It is devastating that the prosecution, which has served the people for 78 years, is being abolished without adequate discussion or preparation."

Seok expressed empathy for investigators facing departmental changes and job insecurity. "As discussions move forward about establishing the Serious Crimes Investigation Office and other new agencies, we will proactively reflect the perspectives of those on the front lines," he pledged.

On September 26, the Democratic Party pushed the revision bill through the National Assembly's plenary session unilaterally. The revision calls for the abolition of the Prosecutors' Office by September next year, transferring its investigation functions to the new Serious Crimes Investigation Office, while prosecutorial duties will move to a newly formed Prosecution Service.

The government and the ruling party have described the reform as a move to "disperse and check the prosecution's power," while opponents warn that it "upends the constitutional system." With legal and political circles deeply divided, tensions are expected to rise.

Note “This article was translated from the original Korean version using AI assistance, and subsequently edited by a native-speaking journalist.”

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