Despite Ministry of Justice Assurances of “Status Succession,” Inspection Chief Kim Sungdong Claims “Dismissal-Driven Legislation,” Continues Constitutional Challenge

"It Is Fortunate That the Ministry of Justice Recognized My Succession of Status"
Calls on the Constitutional Court for a Swift Ruling on Unconstitutionality

Sungdong Kim, Chief of the Inspection Division at the Supreme Prosecutors' Office, claimed that the supplementary provision of the Prosecution Service Act, which excludes "prosecutors with fixed terms" from succession when the new Prosecution Service launches, "was legislated with the intention of removing me from the positions of Inspection Chief and prosecutor."

Sungdong Kim, Chief of Inspection Division at the Supreme Prosecutors' Office

On August 20, Kim released an explanatory statement, saying, "It is personally fortunate that the Ministry of Justice submitted an opinion stating that the exception does not apply to the Inspection Chief appointed through 'transfer' and that I would succeed as a prosecutor and Inspection Chief in the new Prosecution Service." However, he made the above assertion.

Kim cited the fact that, at the time of his appointment, the parliamentary majority party opposed the selection process and his appointment itself, and that he was later urged to resign publicly during a National Assembly audit. He also pointed out that the Legislation and Judiciary Committee of the National Assembly requested the Minister of Justice to form an independent investigation team that excludes the Chief of the Inspection Division and confirmed during the review of the Prosecution Service Act that the exception provision would apply to the Inspection Chief.

Earlier, in June, Kim filed a constitutional complaint against the exception provision in Article 7, Paragraph 1 of the supplementary provisions of the Prosecution Service Act, which states "prosecutors with fixed terms are excluded," and also requested a stay of execution and interim status.

Kim argues that the relevant provision effectively applies to him, making it a dispositional law intended to dismiss him during his term. He stated, "It violates the principles of separation of powers and equality, infringes upon my right to equality and to hold public office, and also contravenes the principles of protection of legitimate expectations, prohibition of retroactive legislation, and prohibition of excessive restriction."

On August 14, the Ministry of Justice submitted an opinion as a stakeholder in the constitutional complaint case, stating that Kim's petition should be dismissed or rejected. The Ministry claims that Kim, a sitting prosecutor, was appointed as the Chief of the Inspection Division via transfer rather than a fresh appointment, and therefore, his status as prosecutor and Inspection Chief will be maintained after the launch of the new Prosecution Service, meaning there is no concern of basic rights infringement.

Kim stated, "I hope the Constitutional Court will swiftly determine the unconstitutionality of the exception provision and grant my constitutional complaint so that the instability of my position can be promptly resolved."

The Constitutional Court is currently reviewing Kim's constitutional complaint in a full bench hearing, a process that began in June 2026.

This content was produced with the assistance of AI translation services.