Seo Young-kyo, the National Assembly Legislation and Judiciary Committee Chairman, argued on the 5th that “there should be no case where a no-prosecution decision should be made, but a prosecutorial disposition of suspended indictment is imposed like a noose, forcing the party to file a constitutional appeal.” He cited the fact that the adoption rate of constitutional appeals requesting the cancellation of prosecutorial suspended indictment dispositions has reached approximately 16.9% over the past six years.
According to the “annual status of constitutional appeals requesting cancellation of suspended indictment dispositions” submitted by the Constitutional Court to Representative Seo, the Court adopted 249 out of 1,476 cases (16.9%) filed between 2020 and 2025. Suspended indictment refers to a prosecutorial decision not to refer a case to trial despite recognizing the validity of the charges, considering various circumstances. While it allows the accused to avoid criminal punishment, it is a determination by the investigative agency that a crime has been established, making it subject to constitutional review of its legitimacy.
The annual adoption rates were 16.0% in 2021, 12.3% in 2022, 21.6% in 2023, and 18.1% in 2024. Chairman Seo stated, “Over the past six years, the adoption rate of constitutional appeals against prosecutorial suspended indictment dispositions was as low as 10.7% in the lowest year and as high as 23.8% in the highest year. There should be no case where a no-prosecution decision should be made, but a suspended indictment is imposed like a noose, forcing the party to file a constitutional appeal.”
Representative Seo’s criticism of the prosecution’s inappropriate suspended indictment practices appears to be a move to indirectly support Kim Seung-won, the Minister of Justice nominee. Kim, who received a suspended indictment disposition over allegations of involvement in lobbying for a COVID-19 treatment drug, filed a constitutional appeal in May 2025. Representative Seo’s position is that the suspended indictment disposition against Kim was also unjust.
The two have collaborated closely, with Seo serving as committee chairman and Kim as the ruling party’s floor leader on the National Assembly Legislation and Judiciary Committee. During the National Assembly opening ceremony on September 1, a media camera captured a scene of Kim sending a Telegram message to Chairman Seo, apologizing for the allegations and saying, “I am sorry, Chairman.”
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