«--[· Preface ·]--»
A rare scene in South Korea's politics, Congress passed the amendment with a overwhelming number of 174 against 1, and the South Korean prosecutor's office collapsed!
Recently, a major event happened in South Korea's political arena. The South Korean National Assembly held a plenary meeting a few days ago to vote on the amendment to the Political Organization Law. The National Power Party, the largest opposition party in South Korea, saw that the general trend had gone and could not stop the amendment from passing, so it collectively left. Eventually, In the absence of the National Power Party, the South Korean parliament passed the amendment with 174 votes in favour and 1 vote against.According to the amendment, the South Korean Prosecutor's Office will be finally abolished in September next year, disappearing in the long river of history after 78 years, replacing the Prosecutor's Office with the new Prosecutor's Office and the Major Crime Investigation Office.It is no exaggeration to say that this is a major victory of the Communist Democratic Party of Korea, and the whole pattern of the Korean political sphere will therefore be rewritten.
“The Fall of the “Imperial Prosecutor” in 78.”
On September 28, the South Korean Congress passed the amendment to the Law on Political Organization with an absolute advantage of 174 votes in favour and one against, completely abolishing the 78-year-old Prosecutor’s Office and replacing it with the Prosecutor’s Office and the Major Crime Investigation Office. This reform will not only rewrite the history of South Korea’s justice, but will also recreate the entire political ecology.
The power of South Korea's prosecutor's office is unique in the world. Prosecutors not only have independent investigation power, but also can directly direct the police to handle cases, and even investigate senior officials such as the president. This integrated mode of "search + public prosecution" makes the prosecutor's office an "invisible emperor" in Korean politics.
Former President Yin Xi Jinping rose from prosecutors to the peak of power by investigating political enemies such as Park Geun-hye and Lee Ming-bo. But this pattern of power began to loosen during the Moon Jae-in period. In 2020, the South Korean Congress passed amendments to restrict prosecutors' rights to investigate, turning police from "procurator's affiliates" to institutions with independent investigation rights.
Although Yin Xiyue tried to restore procuratorial power after taking office, the Lee Jae-myung government finally completed a fatal blow-the amendment stipulates that the procuratorial office will completely disappear from September next year, and the investigation power will be assigned to the Major Crime Investigation Office under the Ministry of Administration and Security, while the public prosecution power will be exercised by the Public Prosecution Office of the Ministry of Justice.
«--[· Lee Jae-myung's "beheading operation" ·]--»
As the leader of the Communist Democratic Party, he knew that the Prosecutor’s Office was a “power fortress” for conservatives. During Yongxiang’s reign, prosecutors had repeatedly launched investigations into Lee’s position and even tried to prevent him from running for president.
Now that he is in power, Li Zaiming chose to completely disintegrate his opponent's foundation through institutional reform. In order to promote the amendment, Lee Jae-myung adopted a "combination boxing" strategy: investigating the emergency martial law incident of the Yin Xiyue government through the "Civil Unrest Special Inspection Law" and sending many senior conservative officials to prison.
Using the majority of seats in Congress to force the bill, even the collective withdrawal of the Party of the National Power persisted in voting; finally shaping the image of "anti-privileges" at the public opinion level, stressing that the reform was to break the "Qingdao curse".
On the same day that the amendment was passed, members of the National Power Party collectively withdrew from the protest, but this could not change the general situation. The Communist Democratic Party, with the absolute advantage of 174 votes, completed the reform goals that the Moon's government failed to.
This victory not only consolidated Lee Jae-myung's ruling position, but also marked the entry of Korean politics into the era of "de-procuratorialization". For conservatives, losing the "political weapon" of the prosecutor's office means strategic passivity.
Yin Xiyue's close team has been severely damaged by the special inspection investigation, and it may be more difficult for the opposition party to check and balance the ruling party through judicial means in the future. For ordinary people, the abolition of the prosecutor's office has a complicated impact: it weakens the power that may be abused, and also raises concerns about judicial independence. Will the major crime investigation office belong to the administrative department, and will it become a government tool?
«--[· The aftermath of reform is spreading ·]--»
There is a constitutionality dispute in Korean legal circles. Che Zhen'e, a professor at Korea University, pointed out that it is suspected of unconstitutional to abolish the procuratorate's office stipulated in the Constitution by subordinate law. At the executive level, the division of jurisdiction between the newly established readjustment office and the police is still unclear, which may lead to power struggle among departments.
More importantly, conservatives will not throw in defeat easily. They are brewing to fight back through constitutional lawsuits and street movements. Whether Li Zaiming's reform can be sustained depends on two keys: whether he can withstand the pressure of the judicial system and ensure the smooth implementation of the amendment.
It is possible to consolidate the support of the public opinion through economic performance. Although his support rate is currently as high as 65%, the challenge of poor economic recovery and the warming up of the North Korean nuclear issue remains severe.
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This reform is not only a revolution in the South Korean judiciary system, but also a milestone for the political ecology of East Asia.When the “Imperial Prosecutor” sticks down, will South Korea be able to get out of the vicious cycle of the “President – Prosecutor’s Office” and will become an important window to observe the deepening of its democracy.