South Korea Prosecutor Inspection Chief Files Constitutional Challenge to Prosecution Succession Law

Kim Sung‑dong, head of the Supreme Prosecutor's Office Inspection Department, submitted a constitutional petition contesting the exemption clause in the Prosecution Succession Act that excludes prosecutors with fixed terms from automatic succession. He argues the provision violates the separation of powers, equality before the law, and the guarantees of civil service tenure, and could lead to his removal while in office. Kim also plans to request a provisional injunction to halt the law’s effect pending the court’s decision.

The petition targets Article 7(1) of the law, which allows the successor prosecutor to be appointed except for those holding fixed‑term positions, a rule Kim says was crafted solely to exclude the inspection chief. He claims the clause infringes on constitutional principles and the core tenets of the civil service system.