As the revision to the Government Organization Act to abolish the Prosecutors' Office passed the National Assembly's plenary session, former Ministers of Justice and former prosecutors general opposing the revision said it is "a clear violation of the Constitution" and stated they will file a constitutional complaint with the Constitutional Court.
Former Ministers of Justice and former prosecutors general aligned with the Prosecutors' Alumni Association (Chair Han Sang-dae, former prosecutor general) issued a joint statement on the 28th with this position.
In the statement, they said, "We have repeatedly stressed that the revision to the Government Organization Act to abolish the Prosecutors' Office is unconstitutional and must be withdrawn. Nevertheless, the Democratic Party of Korea passed the bill at the National Assembly," adding, "But because it is an unconstitutional law, it must be scrapped immediately."
They also said, "The Constitution clearly provides in Article 89 for the appointment of the prosecutor general, and in Articles 12 and 16 for prosecutors' warrant claim," adding, "These provisions make it clear that, under the principle of separation of powers, the Constitution establishes the Prosecutors' Office as a quasi-judicial government agency."
They continued, "Abolishing the Prosecutors' Office is a serious infringement and damage to the constitutional principle of separation of powers and the rule of law," adding, "Therefore, abolishing it is an abuse of legislative power that harms constitutional core values and a politically motivated outrage."
They added, "We strongly condemn the ruling party's conduct that denies democracy and the rule of law and earnestly appeal to the conscience of all legal professionals and the civic conscience," adding, "We will also use every means, including a constitutional complaint, to correct this anti-democratic, anti-historical legal revision."
The Prosecutors' Alumni Association is a fellowship group of retired prosecutors. Han Sang-dae, a former prosecutor general who served as director general for criminal affairs at the Ministry of Justice and as chief of the Seoul Central District Prosecutors' Office during the Lee Myung-bak administration and was prosecutor general from 2011 to 2012, serves as the ninth chair. The association has issued statements on major justice and prosecution-related matters. This time, former Ministers of Justice and former prosecutors general who share the association's views also issued a joint statement.
Earlier, on the 26th in the afternoon, the National Assembly held a plenary session and passed the revision to the Government Organization Act that includes abolishing the Prosecutors' Office and establishing the Serious Crimes Investigation Office. The bill passed with 175 in favor, 1 against, and 4 abstentions out of 180 lawmakers present.
Accordingly, the Prosecutors' Office will be abolished for the first time in 78 years, and a Public Prosecution Office under the Ministry of Justice is set to be established in September next year. The Serious Crimes Investigation Office will be set up under the Ministry of the Interior and Safety. The ruling bloc and the government plan to further discuss contentious issues, including whether to maintain prosecutors' supplementary investigative authority, during a one-year grace period.