Constitutional Court Secretary General: "Prevailing Legal Opinion Deems Prosecution's Investigative Authority as Statutory Power"

"There Is a Need for Reconsideration Due to Dissenting Opinions"

Inhyeok Son, Secretary General of the Constitutional Court, stated that the Constitutional Court has regarded the prosecution's investigative authority as a power defined by law.

Sohn Inhyuk, Secretary General of the Constitutional Court. Photo by Yonhap News

On August 19, during the plenary session of the National Assembly's Legislation and Judiciary Committee, Secretary General Son made this remark in response to questions from Assemblywoman Park Eun-jung of the Reformative Korea Party regarding constitutional trials related to the proposed amendments to the Criminal Procedure Act—which center on abolishing the prosecution's investigative authority—and the dissolution of the Prosecution Service.

The Constitutional Court is currently conducting a preliminary review of a constitutional complaint filed by Jang Dong-hyuk of the People Power Party, challenging the amended Criminal Procedure Act. It is also reviewing competence disputes filed by prosecutors Song Young-kyu and Kim Sung-hoon, who respectively argue that the legislative acts to establish the Public Prosecution Office Act and the Serious Crimes Investigation Office Act are invalid.

Secretary General Son said, "These cases are currently under review," but added, "The prevailing legal opinion clearly interprets the prosecution's investigative authority as a power granted by law." He further stated, "However, since there is a dissenting view that considers this authority to be constitutional, there is a need for the matter to be reviewed once again."

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