People Power Party: "Criminal Procedure Act Amendment Highly Unconstitutional... Constitutional Complaint to Be Filed"
"Full Transfer of Seven Major Crimes Violates the Right to Equality"
The People Power Party has continued its offensive, announcing plans to file a constitutional lawsuit against the amendment to the Criminal Procedure Act—centered on the abolition of prosecutors' investigation and supplementary investigation authority—which passed the plenary session of the National Assembly on July 31.
On the afternoon of the 30th last month, when the prosecution's supplementary investigation rights complete abolition bill (amendment to the Criminal Procedure Act), led by the ruling party, passed the National Assembly plenary session, Jeong Jeongsik, floor leader of the People Power Party, expressed his position on the passage of the amendment to the Criminal Procedure Act at the National Assembly. Photo by Yonhap News.
View original imageOn August 2, Floor Leader Jeong Jeomsik wrote on his personal social media account, "While the presidential office and the Democratic Party may be celebrating the success of a political backdoor deal exchanging the abolition of supplementary investigation authority for the dismissal of indictments, this amendment to the Criminal Procedure Act is highly unconstitutional," adding, "We will seek to restore normalcy in the judicial system of the Republic of Korea by filing a constitutional complaint."
He further emphasized, "Articles 12 and 16 of the Constitution explicitly designate prosecutors as the subjects authorized to request warrants for arrest, detention, seizure, and search. The Constitution grants prosecutors the authority to investigate substantive truth in cases," and pointed out, "The amendment strips prosecutors of their investigation authority, which is directly connected to their constitutionally stipulated rights to request warrants and prosecute, posing a serious risk of unconstitutionality."
He also raised concerns about limiting the full transfer of cases to only the seven major crimes. Floor leader Jeong stated, "The approach of treating only certain crimes differently could violate the right to equality, and there is a high likelihood of arbitrary judgment as to what constitutes one of the seven major crimes," adding, "If legal protection becomes discriminatory according to a mechanical classification of suspicions at the investigation stage, this also constitutes a violation of the right to equality."
Meanwhile, Senior Spokesperson Choi Boyun said in a commentary on the same day, "It is outrageous that the Democratic Party, claiming this as reform, has scrapped even the last line of defense that corrected inadequate police investigations and protected the tears of wronged victims," and urged, "President Lee Jaemyung must immediately exercise his veto to rectify legislation that defies public sentiment."
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She further critiqued the presidential office for stating that it "respects" the passage of the amendment, remarking, "While the presidential office turned a blind eye to public opinion supporting the retention of supplementary investigation authority, it was quick to express respect when the amendment was forcefully railroaded with sheer numbers. This is simply lamentable."
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