The Constitutional Court dismissed a constitutional appeal filed by the Committee for the People's Livelihood (CoPL) arguing that the amendment to the Government Organization Act, which aims to abolish the prosecution service, is unconstitutional. [Photo=Constitutional Court]

The Constitutional Court has dismissed a constitutional appeal filed by the Committee for the People's Livelihood (CoPL) arguing that the amendment to the Government Organization Act, which aims to abolish the prosecution service, is unconstitutional. 

On December 30th of last year, the Constitutional Court dismissed the constitutional appeal regarding the amended Government Organization Act filed by CoPL, stating that "there are no circumstances to suggest that the petitioners' legal interests or rights have been infringed," citing a lack of self-relation. 

Self-relation is the principle that a petitioner's fundamental rights must be directly and concretely infringed by the exercise of public power or by a law, and dismissal refers to a disposition to halt proceedings before an examination of the merits because the basic requirements for a lawsuit are not met.

The Constitutional Court determined that the amendment to the law, which abolishes the prosecution service and establishes the Prosecution Office and the Investigation Office, does not directly take away the rights or impose obligations on a general civic group like the 'Committee for the People's Livelihood'.

Previously, in November of last year, CoPL filed a constitutional appeal, arguing that the amendment to the Government Organization Act, which centers on abolishing the prosecution service and establishing a Prosecution Office under the Ministry of Justice and a Special Investigation Agency (SIA) under the Ministry of the Interior and Safety, is unconstitutional.

CoPL took issue with Articles 35 and 37 of the Government Organization Act, which provide the basis for the establishment of the Prosecution Office and the SIA, respectively, and argued that "Articles 12 and 16 of the Constitution stipulate the prosecutor's warrant application rights, and these are premised on the existence of the prosecution service, a quasi-judicial body, in accordance with the principle of separation of powers in the Constitution."

However, the Constitutional Court dismissed the case after it was deliberated by a panel of three designated judges, which is a stage prior to referring the case to a full bench of nine justices.

The Constitutional Court is currently reviewing the procedural admissibility of constitutional appeals filed by incumbent prosecutors regarding the amendment to the Government Organization Act, with the cases currently being deliberated by a designated panel.

In response, a legal professional stated, "The abolition of the prosecution service has a far more direct impact on the status, authority, and scope of duties of incumbent prosecutors than on ordinary citizens." They added, "In the case of prosecutors, there is a high possibility that their legal status could change directly due to the amendment of the law, making it likely that 'self-relation' would be recognized, which is why the procedural requirements are being examined."

Reporter Im Yo-hee