People Power Party lawmakers filed a competence dispute petition in protest after the Democratic Party of Korea led the passage of a plan for a "parliamentary investigation into allegations of fabricated indictments by political prosecutors under the Yoon Suk-yeol administration" at a National Assembly plenary session in March, but the Constitutional Court dismissed it.
On the 24th, the Constitutional Court dismissed, in a unanimous decision by all nine justices, a competence dispute petition filed by seven lawmakers, including Gwak Gyu-taek, the People Power Party's chief legal advisor, against the National Assembly speaker.
Earlier, on Mar. 22, the National Assembly passed "the motion to approve the plan for a parliamentary investigation to uncover the truth about allegations of fabricated indictments by political prosecutors under the Yoon Suk-yeol administration." People Power Party lawmakers, claiming their rights to deliberate and vote on bills were violated in the process, filed a competence dispute petition with the Constitutional Court on the 25th of the same month.
On the 11th of the same month, 141 Democratic Party of Korea lawmakers submitted a "request for a parliamentary investigation to uncover the truth about allegations of fabricated indictments by political prosecutors under the Yoon Suk-yeol administration." Then-Speaker Woo Won-sik, in consultation with the floor leaders of each negotiation bloc, appointed members and formed a special committee on the parliamentary investigation.
The special committee on the parliamentary investigation submitted the investigation plan on the 20th of the same month, and the "motion to approve the parliamentary investigation plan" was placed on the floor on the 21st. The People Power Party, in protest, launched a filibuster (a lawful obstruction of proceedings through unlimited debate).
On the 22nd of the same month, former Speaker Woo declared an end to the unlimited debate after the broader pro-government camp, including the Democratic Party of Korea, passed a motion to end it. He then held a vote on the "motion to approve the parliamentary investigation plan" and declared it passed. People Power Party lawmakers did not take part in the vote.
People Power Party lawmakers argued that the parliamentary investigation was unlawful because it aimed to interfere with investigations or trials that are currently investigating or ongoing. The Act on the Inspection and Investigation of State Administration (Gukgam-Gukjo Act) stipulates that "inspections and investigations must not be conducted for the purpose of intervening in the prosecution of cases under trial or currently under investigation."
The Constitutional Court did not accept these arguments. The court said, "The mere fact that there are issues with the substance of the agenda item does not in itself establish a potential violation of lawmakers' rights to deliberate and vote."
The Constitutional Court also found that People Power Party lawmakers' voting rights were not infringed during the handling of the parliamentary investigation plan. The court said, "Unlimited debate was duly conducted at the request of People Power Party lawmakers, and People Power Party lawmakers left on their own and did not participate in the vote."
The Constitutional Court further held that, unlike ordinary special committees, the establishment and composition of a special committee on a parliamentary investigation do not require a plenary resolution under the Gukgam-Gukjo Act.
The People Power Party initially opposed forming the special committee on the parliamentary investigation itself but later joined it to keep the Democratic Party of Korea from proceeding alone. The special committee on the fabricated indictment adopted its investigation report on Apr. 30 under the leadership of the Democratic Party of Korea. It then filed complaints against 31 people, including Prosecutor Park Sang-yong and former SSANGBANGWOOL Chairman Kim Seong-tae, on charges such as refusing to take the parliamentary investigation oath, perjury, and failing to appear.
Lawmakers including Park Seong-jun, the Democratic Party of Korea floor manager on the special committee on the fabricated indictment, visited the Suwon District Prosecutors' Office, saying they would investigate the so-called "salmon drinking party allegation" raised by former Gyeonggi Province Vice Governor for Peace Lee Hwa-young. They also conducted an on-site reenactment, saying they would substantiate the claim that "an SSANGBANGWOOL employee bought soju and poured it into a water bottle" at a nearby convenience store.
The salmon drinking party allegation is that on May 17, 2023, when the investigation into remittances to North Korea was underway, Lee, the former vice governor, and former SSANGBANGWOOL Chairman Kim Seong-tae drank together at the Suwon District Prosecutors' Office and were coerced into changing testimony.
However, the Suwon District Court's 11th Criminal Division (Presiding Judge Song Byung-hoon) ruled on the 20th of last month that the "salmon drinking party allegation" raised by former Gyeonggi Province Vice Governor for Peace Lee Hwa-young was false. The trial, conducted as a citizen participation trial for a record-long 10 days, saw four of the seven jurors also conclude that "there was no drinking gathering at the time."