The Chief Inspector of the Supreme Prosecutors' Office has filed a constitutional appeal against provisions of the Prosecutorial Law that do not guarantee his term, arguing they violate the principle of separation of powers.
On June 17, Kim Seong-dong announced in a statement that he has requested the Constitutional Court to review Article 7 of the Prosecutorial Law, which excludes "term-limited prosecutors" from succession. He is also expected to submit a request for a provisional injunction to suspend the enforcement of this provision soon.
The contested provision of the Prosecutorial Law stipulates that existing prosecutors from the Supreme Prosecutors' Office will be succeeded by prosecutors from the newly established Prosecutorial Office, explicitly excluding those with fixed terms.
Currently, the only positions with guaranteed terms under the Prosecutors' Office Act 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.
Moreover, with the Prosecutorial Office set to launch soon, there is virtually no chance that President Yoon Suk-yeol will appoint a new Prosecutor General, leading to interpretations that the provision targets only Chief Inspector 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 set to last until May 18, 2027. However, under the new Prosecutorial Law, he would automatically be dismissed from his position before completing his term when the Prosecutorial Office is established in October.
In response, Kim criticized the Prosecutorial 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 pointed out that excluding the Chief Inspector from succession without a rational basis contradicts the principle of equality and infringes upon equality rights.
Additionally, he argued that forcibly terminating the legitimate expectation of a term and retirement established by law violates the principles of protection of trust 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 Prosecutorial Office, constitutes an infringement on the right to hold public office that exceeds the principle of proportionality.
Nevertheless, Kim concluded his statement by affirming his commitment to thoroughly carry out oversight duties during his designated term, regardless of the legal proceedings surrounding the constitutional appeal.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.