Special Counsel Seeks 5-Year Prison Term for Former President Yoon... Allegations of Aiding Lee Jong-sup's Flight

Background of Allegations Against Former Minister Lee Jong-sup and the 5-Year Sentence Sought for Former President Yoon

On the 24th, during a trial presided over by the 22nd Criminal Division of the Seoul Central District Court, the special counsel probing the Marine Corporal Chae case sought a five-year prison sentence for former President Yoon Suk-yeol. Amid allegations of external pressure during the investigation into the death of Marine Corporal Chae, former President Yoon stands accused of appointing former Defense Minister Lee Jong-sup as ambassador to Australia to facilitate his flight overseas. It appears difficult to avoid criticism that the administration significantly obstructed justice by effectively allowing a suspect under investigation by the Corruption Investigation Office for High-ranking Officials (CIO) to flee the country.

The special counsel characterized the act as an organized crime mobilizing state power and urged strict punishment. Former Senior Secretary for Civil Society Cho Jin-tae and former Senior Secretary for Social Security Coordination Jang Young-han were also referred to trial on charges of exercising undue influence during the process of appointing former Minister Lee alongside former President Yoon. Specific circumstances involving their participation in the lifting of the travel ban were also included in the allegations. The fact that high-ranking public officials colluded to obstruct an investigation by judicial authorities serves as a core factor aggravating the gravity of the crime.

Conflict over Investigation and Prosecution Authority and the Issue of Criminal Procedure Code Amendment

With the launch of the Public Prosecution Office and the Serious Crimes Investigation Office slated for October, legal disputes over investigation and prosecution rights have emerged as a key political flashpoint. On the 24th, Democratic Party Rep. Kim Nam-hee introduced a revision to the Criminal Procedure Act, which eliminates the prosecution's supplementary investigation authority and mandates that police refer all investigated cases to prosecutors—a system known as the "full referral system." The current supplementary investigation system allows prosecutors to directly reinvestigate insufficient parts of cases handed over by the police; abolishing it would transfer investigation authority entirely to the police. The Democratic Party held a general meeting of its lawmakers that day, approving the handling of this revision as party policy and authorizing the floor leader to oversee the organization of amendment proposals.

In contrast, the People Power Party declared strong opposition through a filibuster, confirming its strategy to prevent the bill from even being put to a vote. Floor Leader Jeong Jin-seok criticized the bill, arguing that abolishing the prosecution's investigation authority removes the final safety net for investigating power abuse and constitutes dangerous legislation. People Power Party lawmaker Im Kwan-man, a member of the Legislation and Judiciary Committee, had previously stated his intent to dedicate himself to processing prosecution reform bills during the 22nd National Assembly, suggesting inter-party conflict is set to intensify further. As this key legislation determines who will hold the initiative in investigating power abuse, there appears to be little room for compromise between the two parties.

Tensions over NEC Special Counsel and Social Ripple Effects

As a joint prosecution and police investigation team raided the National Election Commission (NEC) on allegations of manipulating real-time voter turnout on the day of the June 3 local elections, extreme conflict is unfolding over the scope of the special counsel's investigation. The People Power Party argues that the National Assembly's state audit period regarding the ballot paper shortage should be extended and the special counsel's investigation scope expanded. Independent lawmaker Han Dong-hoon also introduced the "NEC Election Season Leave and Leave of Absence Adjustment Act" as Bill No. 2, aiming to prevent a surge in civil servants taking leave or absence ahead of elections, thereby attempting institutional rectification.

Conversely, the Democratic Party opposes the opposition's demand to expand the investigation scope, dismissing it as stalling political incitement. People Power Party Leader Jang Dong-hyeok publicly called for creating another wave of "all-out" public support on the 23rd during a visit to Yongin, Gyeonggi Province, until a proper special counsel is appointed. As doubts regarding the neutrality and fairness of election management grow, voter distrust has reached a peak. Critics point out that institutional flaws during the June 3 election process have evolved into a political crisis, driving trust to rock bottom through the use of judicial tools like a special counsel.

Future Outlook for the 22nd National Assembly Legislative Schedule

As issues surrounding the overhaul of the criminal justice system and the revision of election systems erupt simultaneously, the National Assembly's legislative schedule is expected to face severe delays. In particular, the amendment to the Criminal Procedure Act, aimed at completing the transfer of investigation rights from prosecutors to police, is likely to face a stronger filibuster than the opposition anticipates. Concerns are widespread that completely transferring investigation authority could strip the prosecution of its check-and-balance function, allowing the administration to run unchecked. Therefore, practical negotiations between the ruling and opposition parties are required to establish a smooth institutional foundation before the launch of the new agencies in October.

The prosecution's request for a five-year sentence for former President Yoon and the court's final decision on allegations regarding former Minister Lee's flight will serve as an important benchmark determining the direction of future investigations into crimes by high-ranking officials. This period also starkly highlights the intersection of the existing prosecution system's investigative capabilities and its limitations before the Public Prosecution Office and Serious Crimes Investigation Office become fully operational. To prevent a repetition of the institutional vacuum caused by legislative delays, both parties must focus on deriving concrete compromises on key issues. Social pressure for effective legislation to guarantee judicial justice and election fairness is also intensifying, demanding a swift conclusion.