Justice minister rejects DP calls for his impeachment

Justice Minister Han Dong-hoon answers lawmakers’ questions at a parliamentary judiciary committee plenary session at the National Assembly in Yeouido, western Seoul, Monday. [NEWS1]

Justice Minister Han Dong-hoon shot back at the Democratic Party (DP) lawmakers' calls for his impeachment Monday following the Constitutional Court's ruling upholding laws to weaken the investigative powers of prosecutors.

"I think it's unfortunate that impeachment has become a term that DP politicians can throw around so carelessly depending on their mood," Han told reporters ahead of a parliamentary judiciary committee hearing.

But he said he won't dodge demands for his impeachment by the DP following his remarks last week saying he disagreed with the Constitutional Court's dismissal of his petition, which questioned the constitutionality of the controversial prosecution reform laws.

"I only did what the justice minister had to do, so I will confidently respond to it," said Han.

On Thursday, the Constitutional Court ruled to uphold a pair of controversial prosecutor reform laws passed in the previous administration while acknowledging that some of the People Power Party (PPP) lawmakers' rights were violated during the procedural process.

In June 2022, Han and a group of prosecutors filed a joint petition with the Constitutional Court against the National Assembly, asking that it void the two prosecution reform laws, claiming it violated the prosecution's right to investigate and prosecute. Two PPP lawmakers filed a separate complaint with the court over flaws in the procedure by which the bills were passed through the parliamentary judiciary committee.

The court dismissed Han and the prosecution's petition. It determined that the justice minister didn't have legal standing to file the petition as he didn't directly exercise the right to investigate and prosecute.

But regarding the PPP's petition, it found that the procedure by which the bills were passed in the National Assembly's legislation and judiciary committee violated the deliberation and voting rights of the PPP lawmakers, though it ultimately stood by the laws.

In April 2022, the liberal DP railroaded two controversial bills aimed at stripping the prosecution of its investigative powers through the parliamentary judiciary committee without support from the PPP. The DP holds a parliamentary majority.

The PPP accused the DP of orchestrating Rep. Min Hyung-bae's defection from the party, making him nominally appear as an independent lawmaker, to tip the scales in their favor in a parliamentary committee reviewing the bills.

The amendments to the Criminal Procedure Act and Prosecutors' Office Act limited the scope of the prosecution's supplementary investigations and reduced prosecutors' direct investigative authority from six major crime categories to just two — corruption and economic crimes.

Last May, then-President Moon Jae-in promulgated the amendments into law at his last Cabinet meeting before leaving office, and the laws went into effect last September.

Immediately expressing his regret for the Constitutional Court rulings to uphold the prosecution reform laws, Han said last Thursday, "It is difficult to agree with the decision that there were unconstitutionalities and violations, but that the laws are still valid."

Han has been a fierce opponent of the amended prosecution laws and, in August last year, announced a revision of a presidential decree to expand the scope of prosecutorial investigations greatly. Whereas the previous amendments to the law limited the prosecutors' investigations to the two areas, the Justice Ministry, in its revised enforcement decree, broadened the investigations to basically include all kinds of corruption and economic crimes by broadening their definitions.

On Friday, DP lawmakers demanded the resignation or impeachment of Han for trying to block the prosecution reforms laws.

Seo Yong-joo, a DP spokesman for the Democratic Party of Korea, said in a briefing Saturday, "Can the minister of justice, who is in charge of Korea's judicial administration, directly deny the Constitutional Court's decision?

Park Hong-Keun, the DP floor leader, said in a party meeting that Han needs to "take responsibility and resign."

He accused Han of "recklessly challenging the legislative power of the National Assembly being drunk with power" as "second-in-command" in the Yoon Suk Yeol government.

DP Rep. Hwang Un-ha said in a BBS interview Saturday that if Han refuses to resign, "something that can be done at the National Assembly level, such as impeachment, may be reviewed."

Han said in a statement the DP-backed laws weakening the prosecution's investigative powers were flawed in terms of "intention, procedure and content" and claimed that it was the minister's responsibility to prevent damage to the public in such a situation.

"If the DP proceeds to impeach me, I think that within the process, we will be able to obtain a practical judgment from the Constitutional Court on how problematic this law is and how much damage it causes to the people," Han said to reporters Monday.

Han also responded to DP's accusations that he had tried to infringe upon the separation of powers.

"As the minister of justice, I respect the decision of the Constitutional Court, which means that I will enforce the law in accordance with its intent," said Han.

During a National Assembly legislation and judiciary committee plenary session held later Monday, DP and PPP lawmakers continued to lock horns over the prosecution reform laws and Thursday's court rulings on it.

PPP lawmakers during the session criticized the DP's "deceptive" procedures to pass the bill with the defection of Rep. Min, while the DP stressed the need for the police's investigation powers to be expanded as they are first in line to protect the people from crimes.

Han told the parliamentary judiciary committee that he will stand by the enforcement decree to recover prosecutors' investigative rights regardless of the decision of the Constitutional Court.

"It is more important to comply with the enforcement decree in order to protect the people from crimes," said Han, including investigations against drugs, organized crime and perjury.

He added that the DP lawmakers who used deceptive means during the legislative process of the prosecutions reform bills should be the ones to "apologize."

BY SARAH KIM [kim.sarah@joongang.co.kr]