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Justice minister locks horns with DPK over prosecution reform legislation ruling

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Justice Minister Han Dong-hoon speaks during National Assembly's Legislation and Judiciary Committee meeting in Seoul, Monday. Yonhap
Justice Minister Han Dong-hoon speaks during National Assembly's Legislation and Judiciary Committee meeting in Seoul, Monday. Yonhap

By Nam Hyun-woo

The main opposition Democratic Party of Korea (DPK) is taking advantage of Justice Minister Han Dong-hoon's failed attempt to overthrow DPK-endorsed laws aimed at weakening the investigative powers of prosecutors in its fight against the ruling bloc.

Han and DPK lawmakers traded barbed remarks, Monday, when the National Assembly's Legislation and Judiciary Committee meeting took place, demanding apologies from each other by citing parts of the ruling in their respective favors.

"It is unfortunate that the word 'impeachment' can be used recklessly depending on the mood of DPK politicians," Han told reporters before entering the committee meeting. "I will respond to it with confidence because I have done what the justice minister is supposed to do."

Han was referring to the DPK's calls for his resignation, citing the Constitutional Court's dismissal of a petition filed by Han against the prosecutorial reform laws. Some DPK members have called for Han's impeachment, though the DPK leadership has yet to reach that point.

The court decided, Thursday, that the reform laws ― revisions on the Prosecutors' Office Act and the Criminal Procedure Act ― are legally effective despite procedural flaws. The revisions, which passed the Assembly last year upon the DPK's unilateral push, have been fiercely opposed by the ruling People Power Party (PPP) and the justice minister.

Last June, Han and six prosecutors filed the petition, claiming the revisions infringed on prosecutors' investigative rights guaranteed under the Constitution. But the court dismissed this, saying investigative power should not be limited to a single government agency.

Constitutional Court Chief Justice Yoo Nam-seok, center, and other justices enter a courtroom before making a ruling on prosecutorial reform bills at the Constitutional Court in downtown Seoul, March 23. Joint Press Corps
Constitutional Court Chief Justice Yoo Nam-seok, center, and other justices enter a courtroom before making a ruling on prosecutorial reform bills at the Constitutional Court in downtown Seoul, March 23. Joint Press Corps

During the meeting, the DPK attacked Han by highlighting the ruling's decision that the prosecutorial reform was legally effective. They suggested that the minister should apologize to the public or step down from his post.

"Han should at least make an apology to the public and clearly state whether he made a misjudgment or there were some other reasons (in filing the petition)," DPK Rep. Kim Seung-won said.

DPK Rep. Jung Chung-rae said in a separate DPK party meeting, "Han, who was slapped in the face by the Constitutional Court after challenging it without any authority, should feel ashamed and step down."

While demanding Han's apology, the DPK also pushed the government to scrap an enforcement decree, which the justice ministry revised to counter the reform laws by expanding prosecutors' investigative rights.

In response, Han said that "with the unconstitutionality of the legislation progress acknowledged by the Constitutional Court, the DPK should make an apology, not me."

Han was referring to the procedural flaws stated in the ruling. One of the flaws is independent Rep. Min Hyung-bae's exit from the DPK last April, when the rival parties were clashing over the law revisions. After leaving the party, Min joined a coordinating committee on the revisions as an independent lawmaker, helping the committee to pass the controversial bills. Min is now rumored to be seeking to return to the DPK.

"Even the Constitutional Court ruling, which is seriously regretful, acknowledged that there were procedural unconstitutionalities, such as the false exit," Han said. "Unless they will stick to this practice in their legislation efforts, DPK lawmakers should apologize."

The DPK is concentrating its criticism on Han, as the minister enjoys a noticeable political presence in the ruling bloc. Though Han denied any chance of him making a political debut in next year's general election, calls are growing within the PPP that Han should take a political step.

PPP Rep. Park Soo-young, the head of the PPP's think tank the Yeouido Institute, said in a radio interview with broadcaster CBS on Monday that "Han should play a role in politics."


Nam Hyun-woo namhw@koreatimes.co.kr


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