The Ministry of Justice has filed a constitutional trial against the National Assembly.

A bill that reduced the prosecution's investigative powers was recently passed by the National Assembly, but the Ministry of Justice argues that it is against the Constitution both in terms of procedure and content.

For more details, reporter Hong Young-jae will tell you.


Amendments to the Prosecutor's Office Act and the Criminal Procedure Act that were passed by the Standing Committee and the plenary session after intense clashes between the ruling and opposition parties.

The Ministry of Justice has filed a complaint with the Constitutional Court for a power dispute against the National Assembly regarding the revision of the Criminal Procedure Act and the Prosecutor's Office Act, which narrowed the scope of the prosecution's direct investigation into two categories, corruption and economics, and limited the prosecution's complementary investigation.

[Han Dong-hoon/Minister of Justice: I will say that it is an unavoidable measure to prevent harm to the public due to the creation of a law with incorrect contents through the wrong procedure.]

The Ministry of Justice argued that both the procedure and the contents were seriously unconstitutional.

Procedurally, he pointed out that the disguised departure of Democratic Party Rep. Min Hyung-bae from the party nullified the discussion of agenda adjustment guaranteed by the National Assembly Act, and the splitting of the session blocked the opportunity for opposing discussions.

The fact that a bill unrelated to Bonhee's proposal was submitted and voted on in the form of an amendment motion was also cited as a procedural flaw.

In terms of content, they argued that the fact that the accuser's right to objection was excluded and that the public's rights and interests were violated by reducing the scope of the prosecution's direct investigation were unconstitutional elements.

Minister Han Dong-hoon, who was named on the claimant group along with six other prosecutors, said he could directly participate in the Constitutional Court pleadings if necessary.

The Ministry of Justice also filed a request for an injunction to suspend the effect of the two laws, which took effect on September 10, separately from the request for a dispute over powers adjudication.

If cited, the prosecution can investigate the six major crimes as it is until a judgment on the merits is reached.

The adjudication on authority disputes is decided by the approval of at least 5 out of 9 judges of the Constitutional Court.

(Video coverage: Seol Min-hwan, video editing: Kim Kyung-yeon, CG: Kim Jong-un, Kim Hong-sik)