[앵커]
The second public hearing of the Constitutional Court will be held tomorrow (27th) to determine the unconstitutionality of the so-called ‘Complete Inspection Act’, which reduces the prosecution’s direct investigative powers.
As Minister of Justice Han Dong-hoon, who requested a power dispute trial, has decided to appear and plead in person, a fiercer battle is expected.
Correspondent Woo Cheol-hee.
[기자]
The Constitutional Court will hold a public hearing on the power dispute trial on the ‘Inspection and Completion Act’ requested by Minister of Justice Han Dong-hoon and six prosecutors tomorrow (27th).
This is the second place to listen to opinions from parties and experts, after the public pleading for the power dispute trial requested by the People’s Power lawmakers two months ago.
In late April and early May, the ‘Inspection and Completion Act’, passed by the National Assembly amid the controversy over disguising and neutralizing the Agenda Mediation Committee, reduced the prosecution’s direct investigation to corruption and economic crimes, and limited supplementary investigations and complaints against the complainant. contains.
If the previous public pleading focused on procedural defects in the passage of the law, the issue this time is whether the prosecutor’s investigation and prosecution rights have been violated or whether the content is unconstitutional.
Minister Han Dong-hoon and prosecutors are of the view that the ‘Complete Inspection Act’, which in principle prohibits the initiation of investigation by prosecutors and allows exceptionally, is invalid because it fundamentally infringes on the prosecutor’s right to investigate and prosecute granted through the right to apply for a warrant under the Constitution.
In particular, Minister Han announced that he would attend and persuade the judges, saying that there is concern about serious harm to the public due to the wrong intention, procedure and content of the law.
[한동훈 / 법무부 장관 (지난 22일, 국회 대정부 질문) : 입법 자체의 절차적인 모순, 문제와 내용적인 문제를 헌법재판소에서 바로잡고자 하는 취지고요. 직접 나가서 제가 성실하게 설명해 드리겠습니다.]
On the other hand, the Democratic Party of Korea, which led the passage of the bill at the time, argued that it was the National Assembly’s responsibility to determine the subject and authority of investigation and prosecution, saying that there is no provision for investigation and prosecution rights in the Constitution.
[김회재 / 더불어민주당 의원 (지난 19일, 국회 대정부 질문) : 국회의원들 300명이 수사 개시 범위를 축소하기 위해서 만든 거라니까요. 그런데 왜 장관 혼자 그게 아니라고 얘기합니까?]
However, the fact that the difference between before and after the ‘Inspection Completion Act’ has decreased due to the enforcement ordinance of the ‘Inspector Uniform’, which restored the direct investigation authority of the prosecution, is likely to act as a variable.
This public pleading, which is foreshadowing a battle where neither Minister Han nor the Democratic Party can back down, is expected to serve as the basis for determining whether the ‘examination and completion law’ is unconstitutional along with the previous pleadings.
This is YTN Woo Cheol-hee.
YTN Woo Chul-hee ([email protected])
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