The Constitutional Court of South Korea dismissed a request by a current prosecutor challenging the constitutionality of the abolition of the prosecutor's office.
A South Korean prosecutor, Kim Seong-hoon, filed a constitutional appeal against the government's proposal to abolish the prosecutor's office, claiming it would unlawfully strip prosecutors of their investigation rights. However, the Constitutional Court ruled to dismiss the case, determining that the abolition does not pose a risk of violating constitutional rights. This move comes ahead of the law's implementation in October following its approval in September of the previous year.
The proposed amendment to the government organization law will lead to the closure of the prosecutor's office and transfer criminal investigation and prosecution duties to new entities under the jurisdictions of the Ministry of the Interior and Safety, and the Ministry of Justice. The court's dismissal of the appeal indicates a legal endorsement of the government's restructuring efforts, positioning it as a significant change in South Korea’s legal landscape.
Additionally, the Constitutional Court had previously dismissed a similar appeal by a civic group, asserting that there was no evidence of any violation of rights or legal interests as a result of the law. These developments highlight ongoing tensions between prosecutors and governmental reforms aimed at changing Korea's approach to criminal justice and managing public perceptions of judicial power.
