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[Cho Yang-geon Column] The NEC: Facing a Fate of "Discarding the Dog After the Hunt"
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Chun Jun-ho, acting floor leader of the Democratic Party, and members of the special committee on the state investigation are submitting the "Special Prosecutor Act on the Truth of Fabricated Prosecutions by Yoon Suk-yeol's Political Prosecution" to the National Assembly's legislative affairs office on April 30. [Yonhap News]
The Korean Association of Law Professors criticized the 'Special Prosecutor Act on Suspicions of Fabricated Investigations and Prosecutions by the Yoon Suk-yeol Administration' proposed by the Democratic Party, stating that its inclusion of the special prosecutor's authority to withdraw indictments is a "poisonous clause that destroys the rule of law and the principle of separation of powers."
In a statement released on the same day, the association argued, "The attempt to halt ongoing trials by granting the special prosecutor the power to withdraw indictments is an act that significantly undermines judicial power." It further claimed, "This deprives the court of its final judgment authority and directly violates the constitutional principle of separation of powers."
Moreover, the association added, "Most importantly, this is an illegal act that goes against the 'principle of prohibiting judges from presiding over their own cases.'" It continued, "This will set a precedent that negates the legitimacy of judicial procedures and, consequently, will undermine the constitutional supreme value of equality before the law."
The association stated, "We consider the current situation a grave challenge to the rule of law. Any attempt to threaten the proper exercise of prosecutorial power and the independence of the right to trial is absolutely unacceptable." It strongly urged, "Regardless of party affiliation, we demand an immediate halt to any attempts to intervene in judicial matters for partisan gain and a respect for the independence of the criminal justice system."
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