South Korea's Legislative Changes: Prosecutor Disciplinary Law and Criminal Trial Suspension

On May 7, 2025, during a full meeting of the National Assembly's Legislative and Judiciary Committee in Yeouido, Seoul, Chairman Jeong Cheong-rae presided over discussions that led to significant legislative developments. The committee approved a revision to the Prosecutor Disciplinary Act, allowing the Minister of Justice to directly request disciplinary actions against prosecutors, in addition to the existing authority of the Prosecutor General. This change was proposed by Democratic Party member Kim Yong-min and others, who argued that the current system, which relies solely on the Prosecutor General to initiate disciplinary actions, has led to a lack of accountability and potential favoritism within the prosecution service.

On the same day, the committee also passed a revision to the Criminal Procedure Act, which would suspend ongoing criminal trials if a defendant is elected as president. Members of the opposition party, People Power Party, protested this decision and walked out of the meeting.

If the proposed changes are enacted, they could serve as a means to exert pressure on prosecutors involved in investigations related to Democratic Party candidate Lee Jae-myung and other party-affiliated cases, rather than as a tool for accountability. The Democratic Party has previously attempted to impeach prosecutors involved in high-profile cases, such as the 'North Korean remittance' investigation and the 'Deutsche Motors stock manipulation' case, but these efforts were unanimously dismissed by the Constitutional Court.

Should the new laws be finalized and come into effect, the Minister of Justice would gain the authority to request disciplinary actions regardless of the Constitutional Court's decisions. Currently, impeachment motions have been filed against several prosecutors involved in significant investigations, including those related to the Daejang-dong and North Korean remittance cases.

A legal expert commented that if the Democratic Party regains power, it is likely that the Minister of Justice will pursue disciplinary actions against these prosecutors, even against their objections. The Ministry of Justice has expressed concerns about the proposed changes, arguing that they would create a conflict of interest by allowing the same entity to both request and adjudicate disciplinary actions, effectively turning the process into a biased 'kangaroo court.'

The disciplinary committee, which evaluates such requests, consists of seven members, including the Vice Minister and two prosecutors, along with external legal professionals. Since all members are appointed by the Minister of Justice, the potential for undue influence remains a concern. The Ministry has also stated that the proposed changes contradict the current legal framework, which aims to maintain political neutrality and independence in quasi-judicial bodies.

If the legislation passes the National Assembly's plenary session, it will be sent to the government. If Acting President Lee Joo-ho does not exercise his veto power, the law will be promulgated and take effect.