Independent Counsel Indicts 58 in 180-Day Probe…'Noh Sang-won Notebook' Revealed Plans to Poison Key Figures Under Martial Law

On the 24th, the second special counsel team, led by Kwon Chang-yeong, announced that it has indicted a total of 58 people, including former President Yoon Suk Yeol and his wife, concluding its 180-day investigation.

Outcome of the Largest Investigation in History

The comprehensive special counsel, launched to resolve remaining suspicions following the three major special investigations into insurrection, First Lady Kim Keon Hee, and the fallen Marine Corps case, conducted investigations for 180 days, setting records for the largest scale and longest duration of any special investigation in history. According to Yonhap News, the special counsel team indicted 58 individuals in total, including 7 in detention and 51 without detention. Additionally, 150 cases were referred to other investigative agencies, while 46 cases remain unsolved.

The most scrutinized part of the investigation results concerns former Vice Defense Minister Noh Sang-won. The special counsel revealed that evidence was uncovered regarding plans to prepare for the poisoning of key figures during the martial law period, linked to the so-called "Noh Sang-won Notebook." Based on the records left in the notebook, it has been confirmed that extreme plans were indeed considered during the phase of martial law declaration.

Legal Issues and Limitations of the Investigation

There was also controversy regarding the appropriateness of the investigation, as courts repeatedly rejected arrest warrants during the process. Despite warrants being rejected multiple times, the special counsel responded with mass indictments. Even in cases where the courts did not acknowledge the risk of evidence destruction or flight during warrant substantive reviews, the counsel proceeded with non-detention indictments to refer the allegations themselves for judicial judgment.

The fact that 46 cases remain unsolved is pointed out as a future task. These are cases where investigation became impossible as the special counsel's tenure reached its statutory limit. While acknowledging these limitations, Special Counsel Kwon emphasized the continuity of the investigation, stating, "As long as the capabilities and will of the insurrection forces remain, the war has only just begun."

Proposal for a Standing Special Investigation Unit and Political Fallout

Deeming the 180-day temporary investigation insufficient to fully unveil the entire truth behind the organized and long-standing suspicions of insurrection and state administration manipulation, Special Counsel Kwon proposed the establishment of a standing special investigation headquarters capable of conducting long-term investigations into insurrection-related allegations. The intention is to compensate for the structural limitations of the temporarily launched special counsel system.

This proposal is likely to lead to legislative debate. The ruling party appears sympathetic to the necessity of a standing investigation organization for the follow-up investigation of the 46 unsolved cases and 150 referred cases. Conversely, the opposition is expected to raise concerns about abuse of investigation powers, citing the mass indictments that proceeded despite warrant rejections. In fact, the opposition has recently been engaging in a battle over judicial and investigative powers, with Rep. Lee Jun-seok of the Reform Party criticizing the President by saying, "This President is becoming more like Yoon Suk Yeol," following the rejection of a Supreme Court Justice nominee.

Future Schedule and Outlook

Trials to determine the facts of the allegations against the 58 defendants are expected to begin in earnest. The pace of the public trials for the detained defendants and the probative value of the evidence related to the Noh Sang-won notebook are likely to determine the outcome of the trials. Follow-up investigation results by the prosecution and police regarding the 150 referred cases are also expected to be released sequentially.

For the establishment of a standing special investigation headquarters to be handled in the National Assembly, the introduction of relevant special laws or amendments to the Prosecutors' Office Act is necessary. If the legislation is presented during the regular National Assembly session, there is a high possibility of a reenactment of the conflict between the ruling and opposition parties regarding the existence of the special counsel system. As President Lee Jae-myung emphasized that "law must suggest the direction the era is heading while also being a universal principle that must be upheld without wavering," a negotiation structure is anticipated where the ruling party designs a standing investigation system from the perspective of upholding the law, and the opposition party demands checks and balances.