A constitutional complaint filed by former President Yoon Suk-yeol challenging the Insurrection Special Counsel Act will receive a formal ruling from the Constitutional Court.
The Constitutional Court on Monday referred to its full bench the constitutional complaint filed by Yoon's legal team against Article 2, Paragraph 1; Article 3; and Article 7, Paragraph 1 of the Insurrection Special Counsel Act.
Under the Constitutional Court Act, the court conducts a preliminary review through a designated panel of three justices to determine whether a constitutional complaint meets legal requirements. If the designated panel finds no legal defects, the case is referred to the full bench, where all justices deliberate on the merits.
On the 25th of last month, Yoon filed the constitutional complaint against provisions of the Insurrection Special Counsel Act covering the scope of investigation (Article 2, Paragraph 1), the special counsel appointment procedure (Article 3), and the special counsel's authority over cases during the maintenance of prosecution (Article 7, Paragraph 1). Earlier, the Seoul Central District Court's 25th Criminal Division (presided over by Chief Judge Ji Kwi-yeon) dismissed both motions for constitutional review raised during Yoon's trial on charges of leading an insurrection. Yoon then filed the constitutional complaint directly with the Constitutional Court in response.
Provisions concerning the broadcasting of the insurrection trial (Article 11, Paragraphs 4 and 7) and plea bargaining (Article 25) are currently under preliminary review. Yoon's legal team argues that allowing the National Assembly to appoint a special counsel — an investigative body — and define the scope of its investigation infringes on the executive branch's investigative authority, and that the Insurrection Special Counsel Act undermines the constitutional principle of separation of powers.
