The Chief Inspector of the Supreme Prosecutors' Office has filed a constitutional appeal against provisions of the Prosecution Law that do not guarantee his term, arguing that they violate the principle of separation of powers enshrined in the constitution.
On June 17, Kim Seong-dong announced in a statement that he has requested the Constitutional Court to review Article 7 of the Prosecution Law, which excludes "term-limited prosecutors" from succession. He is also expected to file a motion for a temporary injunction to suspend the enforcement of this provision.
The contested provision stipulates that existing prosecutors will be succeeded by prosecutors from the newly established Prosecution Agency, but explicitly excludes those with fixed terms.
Currently, the only positions with guaranteed terms under the Prosecutors' Office Law are the Prosecutor General and the Chief Inspector. However, since former Prosecutor General Shim Woo-jung retired in July of last year, the position of Prosecutor General has remained vacant for nearly a year.
With the Prosecution Agency set to launch soon, there is little likelihood that President Yoon Suk-yeol will nominate a new Prosecutor General, leading to interpretations that the provision targets only Kim.
Like the Prosecutor General, the Chief Inspector's position is legally guaranteed for a term of two years. Kim was appointed in May 2022, with his term extending until May 18, 2027. However, under the new Prosecution Law, he would be automatically dismissed from his position before completing his term once the Prosecution Agency is established in October.
In response, Kim criticized the Prosecution Law, stating, "It is a direct violation of the constitutional principle of separation of powers for the National Assembly to legislate the dismissal and retirement of specific public officials under the executive branch."
He further emphasized that excluding the Chief Inspector from succession without a rational basis contradicts the principle of equality and infringes upon equality rights.
Additionally, Kim argued that abruptly terminating the legally established term and retirement expectations violates the principles of trust protection and prohibition of retroactive legislation. He contended that dismissing the Chief Inspector, despite no fundamental changes to the oversight structure with the establishment of the new Prosecution Agency, constitutes an infringement of the right to hold public office beyond the principle of excessive prohibition.
Nevertheless, Kim concluded his statement by affirming his commitment to carry out thorough oversight duties throughout his designated term, regardless of the legal proceedings surrounding the constitutional appeal.
* This article has been translated by AI.
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