Opposition Vows Constitutional Challenge to Prosecutor Power Cut

South Korea's main opposition People Power Party has announced its intention to challenge the impending abolition of prosecutors' supplementary investigation rights through constitutional litigation. The party stated it will file both an "incompetence dispute" (Gwonhanjeong-ui Simpan) and a constitutional appeal with the Constitutional Court.

The party's spokesperson, Park Choong-kwon, conveyed their strong opposition, stating that the party had previously declared its intent to counter the legislative move, which is slated for a parliamentary vote soon, using all available methods, including filibusters. "We will proceed with incompetence disputes and constitutional appeals," Park told reporters at the National Assembly.

Park further elaborated that the party aims to inform the public about the potential negative repercussions of the law's implementation. "We will make every effort to form public opinion and ensure this law can be reversed," he added. An incompetence dispute is a legal mechanism where the Constitutional Court adjudicates disputes over the existence or scope of authority between constitutional bodies. A constitutional appeal allows citizens to seek direct relief from the Constitutional Court if their constitutionally guaranteed rights are infringed upon by the exercise or non-exercise of public power by the state.

The proposed amendment to the Criminal Procedure Act, expected to be voted on later today, aims to completely abolish prosecutors' direct investigative powers and centralize investigative authority with judicial police officers. This move is intended to fully separate investigative and prosecutorial functions. The bill also introduces provisions that could lead to the dismissal of charges if a prosecution is based on significantly unlawful investigations or constitutes a gross abuse of prosecutorial discretion.