Ruling and Opposition Parties Push for Ban on Dismissing Indictments Against High-ranking Officials and Special Counsel Investigation into Fabricated Indictments
A bill drawing a line prohibiting prosecutors from dismissing indictments was introduced at the National Assembly on the 28th. The Criminal Procedure Act amendment, proposed by People Power Party Representative Lee Sang-hwi, contains provisions that would prevent prosecutors from dismissing indictments in cases where high-ranking public officials and their family members are defendants. On the same day, Democratic Party members of the Legislation and Judiciary Committee also stated through Yonhap News that they would consult with party leadership on timing while pledging early implementation of the Special Counsel Act on Fabricated Indictments. Legislation aimed at curbing prosecutorial powers moved simultaneously from both ruling and opposition parties, precisely aligning with the political calendar ahead of the September regular National Assembly session.
Reignited Discussion on Special Counsel for Fabricated Indictments
The Special Counsel Act on Fabricated Indictments would have a special prosecutor separately investigate whether investigative agencies fabricated cases to indict. The ruling party, based on the recognition that the prosecution's organizational credibility has collapsed as past political investigations were repeatedly dismantled in court, is pushing the special counsel card as an investigation procedure. While Legislative and Judiciary Committee members repeatedly emphasized the need for implementation, they noted that the specific timing would be determined at the party level. This is interpreted as an intention to coordinate the special counsel's launch schedule with the national administration calendar.
"A special counsel for fabricated indictments must be established. We will consult with party leadership on the timing." — Democratic Party members of the Legislation and Judiciary Committee (Yonhap News report)
Design of the Amendment Prohibiting Dismissal of Indictments
Representative Lee Sang-hwi's amendment would completely prohibit dismissal of indictments only in cases involving high-ranking public officials and their family members as defendants. Dismissal of indictment is a system where prosecutors voluntarily withdraw indictments filed with courts to conclude trials. Under current law, this is permitted only in extremely limited circumstances, but the amendment's structure would prohibit dismissal even with those grounds in applicable cases. This is interpreted as a design to preemptively block the possibility of prosecutors withdrawing cases in criminal trials of presidents and other high-ranking officials. The logic is that cases must be concluded through court judgments, whether guilty or not guilty. This calculation is based on the fact that the opposition cannot tolerate trials ending without verdicts, as no guilty or innocent record would remain.
Same Premise, Opposite Directions
Both bills ultimately target political distrust of the prosecution. The ruling party believes that leaving fabricated investigations unchecked will lead to repeated political intervention by prosecutors. The opposition points out that the very structure where power-related cases can be shaken by a single prosecutor's judgment is problematic. The prescriptions are diametrically opposite. The Special Counsel Act on Fabricated Indictments represents an expansion by transferring investigative authority to an external special counsel, while the indictment dismissal prohibition amendment represents a restriction by narrowing prosecutorial discretion. Some in the legal community raise concerns that expanding special counsel investigations could weaken the accountability of permanent investigative organizations, and that creating exceptions by case type in the Criminal Procedure Act would complicate law application. Because the values of control and independence are weighted differently in each bill, this cannot be summarized as a simple voting configuration.
Regular National Assembly Session is the First Hurdle
In terms of legislative procedure, both bills must undergo review by the Legislation and Judiciary Committee. Based on its majority seats, the Democratic Party is positioned to process the Special Counsel Act on Fabricated Indictments during the regular session. The fact that the committee has begun timing consultations is interpreted as a signal to accelerate bill review immediately after the session begins. If the People Power Party counters with procedural strategies like filibusters, the entire National Assembly schedule could become entangled. The indictment dismissal prohibition amendment is likely to face prolonged stagnation if bipartisan agreement cannot be reached at the committee stage. Regardless of bill passage, the pattern of ruling and opposition parties vying for leadership in prosecutorial reform during each stage of introduction and review is expected to continue throughout the regular session. This also raises concerns about分散 the review energy for other public welfare bills.
