Ruling Party Pushes for 30-Day Extension of 3 Special Counsel Investigations and Abolition of Prosecutorial Supplementary Investigation Rights

Full-scale Discussions on Extending Special Counsel Tenure and Abolishing Supplementary Investigation Rights

At a meeting on the 10th, the Judiciary and Legislation Committee's Bill Review Subcommittee, led by the ruling party, passed a bill to extend the investigation period for three major special counsels—including the insurrection case, the case involving First Lady Kim Gun-hee, and the Chae Hae-byeong case—by up to an additional 30 days. On the same day, the subcommittee also initiated a review of an amendment to the Criminal Procedure Act aimed at completely abolishing the prosecution's authority to conduct supplementary investigations into police cases. According to Yonhap News, the ruling party emphasized the need to secure additional time for the special counsel's activities to uncover the truth in unresolved cases. At the same time, the legislative intent overlaps with a plan to significantly reduce the prosecution's investigative powers and re-establish a balance of authority among judicial institutions.

Key Content of the Bill and Targets

The passed bill to extend the special counsel's tenure centers on explicitly specifying that the limited investigation period under current law can be extended by a maximum of 30 days. The targets include three cases: the insurrection special counsel triggered by the December 3 emergency martial law incident, allegations related to First Lady Kim Gun-hee, and the Chae Hae-byeong special counsel. The second comprehensive special counsel previously launched a full-scale investigation on the 9th by summoning former Major Gen. Jo Sung-hyun, ex-commander of the 1st Security Brigade of the Capital Defense Command, and former Prosecutor General Shim Woo-jong. In particular, former Commander Jo is known to have ordered the withdrawal from Seogang Bridge during the declaration of emergency martial law. According to reports by Yonhap News, the special counsel team, viewing that there are indications of former Commander Jo's involvement in the insurrection, conducted its initial investigation. However, some have raised criticisms that the focus should be on strengthening the substance of the investigation with existing personnel rather than expanding the investigation by increasing manpower. The deadline extension was promoted as institutional support to fully grasp the extensive targets and complex backgrounds of the cases.

The bill to abolish supplementary investigation rights contains provisions to remove the prosecution's power to reinvestigate cases handed over by the police. Under the current system, even if the police conclude a case, the prosecution can conduct supplementary investigations directly if deemed necessary. However, the amendment aims to reform the system to fundamentally respect the police's primary investigation, limiting the prosecution to focusing on exercising prosecution rights. Specific provisions were also discussed, including making it impossible for the police to refuse supplementary investigation and limiting the related period to a maximum of two months. Representative Ahn Jae-min of the ruling People Power Party clarified his intent to complete judicial reform by inheriting the prosecution reform stance of the Moon Jae-in administration. Subcommittee Chair Seo Young-kyo also announced plans to proceed with the legislative process with speed immediately after the review began.

Social Impact and Debate Over Pros and Cons

As the two bills are set to trigger fundamental changes in the judicial system, disagreements are stark between political circles and civil society. Democratic Party Representative Hong Gi-won argued that rather than completely abolishing supplementary investigation rights, a direction to preserve them partially would be safer and is pushing for a separate Criminal Procedure Act. Critics point out that checks and balances between agencies must remain to improve the quality of investigations. Conversely, within the ruling party, criticisms have been persistently raised that the prosecution abuses supplementary investigation rights to neutralize police investigations and monopolize power. Regarding the extension of the special counsel deadline, the opposition party is demanding a prudent approach, arguing that the special counsel team's investigative capabilities and manpower deployment should be checked first. Legal experts also emphasize that simply extending the investigation period is not the only solution to uncovering the truth. They analyze that institutional extension measures will have substantial effects only when the expertise of investigative personnel is strengthened and efficient case management is prioritized.

Legislative Schedule and Prospects for Institutional Settlement

The bill to extend the special counsel's tenure, passed by the Judiciary and Legislation Committee's Subcommittee, is expected to be forwarded to the full committee meeting soon. The ruling party is likely to accelerate the legislative pace up to the plenary vote, leveraging its majority of seats. In contrast, the bill to abolish supplementary investigation rights is expected to face a significantly longer review period due to opposition from the opposition party and the need for coordination within the ruling party. Coordination between the partial preservation amendment proposed by Representative Hong Gi-won and the original bill is essential. National Assembly Speaker Cho Jung-sik appointed Jeong Myeong-ho as Legislative Vice Minister and Kim Sang-soo as Vice Minister of the National Assembly Secretariat on the 10th, reorganizing the legislative support system. The Assembly explained that this personnel decision was competency-based, breaking away from seniority. This is interpreted as a willingness to effectively manage the remaining legislative schedule and expedite the processing of major bills. This legislative attempt to prevent the monopoly of judicial power and clearly separate the roles of investigative agencies will serve as a key criterion determining the structure of the Korean judicial system in the future.