Supreme Prosecutors' Office [Yonhap News Photo]

A current prosecutor has filed an adjudication of constitutional competence with the Constitutional Court, arguing that the establishment of a serious crimes investigation agency and prosecution agency, and the introduction of a "law distortion crime" are unconstitutional.

According to legal circles on the 21st, Song Yeon-gyu, a prosecutor at the Seoul High Prosecutors' Office, filed an adjudication of constitutional competence with the Constitutional Court on the 11th regarding the legislation of the Serious Crimes Investigation Agency Organization and Operation Act, the Prosecution Agency Act, and amendments to the Criminal Act.

The approximately 200-page petition reportedly states that the prosecution's investigation and prosecution rights, as well as its right to request warrants, as stipulated in the Constitution and laws, have been infringed upon by the National Assembly's legislation.

Prosecutor Song argued on the prosecutor's internal network (e-Pros), "The moment we change the core meaning of the title 'prosecutor' while keeping the name the same, the standards for the distribution of powers and controls established by the Constitution also change." He added, "If the language of a community can be redefined by legislation, all core concepts of the Constitution can collapse in the same way."

An adjudication of constitutional competence is a system where the Constitutional Court is asked to make a ruling when an infringement of power occurs between state agencies.

In addition to adjudication of constitutional competence, methods to dispute constitutionality through the Constitutional Court include constitutional complaints filed by individuals whose fundamental rights have been infringed, and constitutional review of legislation requested by courts.

Previously, Kim Sung-hoon, a senior prosecutor at the Cheongju District Prosecutors' Office, filed a constitutional complaint in December last year regarding the government organization bill that included the abolition of the prosecution office, but the Constitutional Court dismissed it at the preliminary review stage in February, stating there was no possibility of infringement of fundamental rights.