Prosecutor files constitutional challenge to office abolition

Dec 31, 2025, 08:25 am

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A prosecutors’ office. / Park Sung-il

An incumbent South Korean prosecutor has filed a constitutional complaint, arguing that the abolition of the prosecutors’ office and the stripping of investigative powers are unconstitutional, marking the first such challenge by an active prosecutor.

Kim Sung-hoon, a senior prosecutor at the Cheongju District Prosecutors’ Office, said Monday that he submitted a constitutional complaint to the Constitutional Court of Korea the previous day, seeking a ruling on the revised Government Organization Act that abolishes the prosecutors’ office and establishes a Major Crimes Investigation Office.

In a post on the prosecution’s internal network, Kim argued that the amendment exceeds legislative limits by depriving prosecutors of investigative powers guaranteed by the Constitution and by stripping them of their professional status. He said the changes violate prosecutors’ rights by effectively removing their constitutional role.

Kim further claimed that once the law takes effect and the prosecutors’ office is converted into a Public Prosecution Office, prosecutors will be reclassified as public prosecutors without investigative authority, infringing on their right to hold public office. The right refers to citizens’ constitutional entitlement to serve as public officials and carry out public duties.

The revised law, which passed the National Assembly in September, calls for the abolition of the prosecutors’ office and the creation of separate bodies for investigation and prosecution. Starting in October next year, investigations will be handled by the Major Crimes Investigation Office, while indictments will fall under the newly established Public Prosecution Office.

Legal observers say the case could become a key test of the constitutionality of the government’s sweeping overhaul of the prosecution system.

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