Supreme Prosecutors' Office Inspection Chief Files Constitutional Complaint Against Public Prosecution Service Act

The incumbent Chief of the Inspection Division at the Supreme Prosecutors' Office has filed a constitutional complaint, arguing that the Public Prosecution Service Act, which does not guarantee the term of the inspection chief, violates principles such as the separation of powers.
Kim Sung-dong, Chief of the Inspection Division at the Supreme Prosecutors' Office, announced today (June 17) in a statement that he has filed for a constitutional review regarding the provision in the Public Prosecution Service Act that "excludes prosecutors with fixed terms from those transitioning to the Public Prosecution Service."
The Chief Prosecutor also plans to file for an injunction to suspend the effect of the provision and to request a provisional status.
Article 7, Paragraph 2 of the Addenda to the Public Prosecution Service Act stipulates that "prosecutors of the former Prosecutors' Office shall be considered prosecutors of the Public Prosecution Service."
However, an exception was made to "exclude prosecutors with fixed terms."
Under the Prosecutors' Office Act, the only prosecutors with fixed terms are the Prosecutor General and the Chief of the Inspection Division at the Supreme Prosecutors' Office. As the position of Prosecutor General is currently vacant and unlikely to be filled before the Public Prosecution Service Act takes effect, this provision effectively applies only to the Chief of the Inspection Division.
The Chief of the Inspection Division, a position equivalent to a chief prosecutor, has a two-year term.
Chief Prosecutor Kim, who was appointed in May of last year before the Lee Jae-myung administration took office, is scheduled to serve until May 18, 2027.
However, once the Public Prosecution Service Act goes into effect on October 2, he will be dismissed from his position and lose his status as a prosecutor.
Chief Prosecutor Kim pointed out that the exception clause "is a direct act by the National Assembly to dismiss and retire specific public officials under the executive branch, which violates the constitutional principle of the separation of powers."
He further stated, "There is no rational reason to exclude only the inspection chief—a prosecutor with a guaranteed term—from the transition, which violates the principle of equality and infringes upon the right to equality."
He also argued that dismissing him from the inspection chief position and stripping him of his status as a prosecutor infringes upon the essential content of the career civil service system, which centers on the guarantee of public official status, and violates the right to hold public office.
Chief Prosecutor Kim asserted that the act undermines the legitimate trust in the inspection chief's term and the retirement age for prosecutors established under the Prosecutors' Office Act. He argued that this not only contradicts the principle of protection of trust, a derivative of the rule of law, but also violates the prohibition against retroactive legislation by forcibly terminating ongoing legal relationships.
Furthermore, it is Chief Prosecutor Kim's position that even if the launch of the Public Prosecution Service necessitates new personnel appointments, dismissing and retiring the inspection chief when no fundamental changes to the inspection division's organizational structure are expected is a violation of the principle of non-excessiveness.
Chief Prosecutor Kim added, "Regardless of the constitutional complaint and the injunction application, I will continue to do my best to perform fair inspection duties during my remaining term."
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.