The Democratic Party of Korea on the 3rd held a "national briefing on the amendment to the Criminal Procedure Act" and launched a public campaign, directly refuting the opposition camp's claim that there is "a possibility of unconstitutionality" surrounding the amendment to the Criminal Procedure Act, which centers on abolishing prosecutors' investigative authority. The party dismissed the "unconstitutional" controversy as "nonsense."
At the briefing held in the afternoon, when reporters asked that "the People Power Party is foretelling a constitutional complaint," Legislation and Judiciary Committee Chairperson Seo Young-kyo said, "Nonsense," adding, "In 2023 as well, a competence dispute trial and a constitutional complaint were filed, but the matter in question is not an authority granted by the Constitution."
This was a direct rebuttal to the People Power Party's stance that it would refer the matter to the Constitutional Court by raising the possibility that the Criminal Procedure Act amendment is unconstitutional. Floor leader Jeong Jeom-sig of the People Power Party said the day before, on the 2nd, "By abolishing prosecutors' direct investigations and the right to request warrants, the amendment strips investigative powers directly linked to constitutional authority, so there is a strong possibility of unconstitutionality." He went on, "It is also a problem that full-case transfer is applied only to the seven major crimes," adding, "Treating only specific crimes separately has the potential to violate the right to equality."
Chairperson Seo said, "The distinction between investigation and prosecution is a legislative matter for the National Assembly and falls within the administrative realm," adding, "It is not even subject to a competence dispute trial." She continued, "Mentioning a constitutional complaint despite this being a matter on which judgments have already been made multiple times is a propaganda campaign," and criticized it as "shameless if done knowingly and ignorant if done unknowingly."
On the claim that full-case transfer limited to the seven major crimes could violate the constitutional right to equality, she said, "Full-case transfer is already reflected in legislation, including in bills related to domestic violence and child abuse," pointing out, "The claim of violating the right to equality is politically and legally ignorant and reckless." She added, "I hope they stop immediately."
Meanwhile, the Democratic Party plans to separately form a task force (TF) to provide relief for victims among the socially vulnerable and to strengthen their rights and interests. The TF will work to ensure passage of individual bills related to "full-case transfer," while also reviewing follow-up tasks linked to this amendment to the Criminal Procedure Act.