President Lee Jae-myung requests removal of indictment withdrawal clause from special prosecutor law

President Lee Jae-myung has personally defused the biggest point of controversy surrounding his own trials.

President personally requested the clause's removal

On the 18th, President Lee asked the National Assembly to delete the indictment withdrawal clause from the fabricated indictment special prosecutor bill being pushed by the Democratic Party of Korea. Speaking at a press conference that day, the president said, "Among the special prosecutor's powers that have become controversial, please remove the provisions concerning the transfer or disposal of existing prosecuted cases." The move signals that while he acknowledges the need for a special prosecutor itself, he intends to limit its authority strictly to uncovering the truth. "It is right to investigate the truth of cases where malicious prosecutorial fabrication is suspected through a special prosecutor," he said, while emphasizing, "But it should focus solely on uncovering the facts."

Behind the request lies sustained pressure from the opposition. The People Power Party and other opposition forces have criticized the fabricated indictment special prosecutor bill as ultimately a device to withdraw indictments in cases involving President Lee. Indictment withdrawal refers to a prosecutor retracting a criminal case already filed, allowing the trial itself to be terminated without a guilty verdict. Concerns that granting this power to a special prosecutor could effectively nullify President Lee's ongoing trials were at the heart of the dispute.

Structure of the bill and the issues at stake

The fabricated indictment special prosecutor bill would appoint a special prosecutor to investigate whether the prosecution deliberately fabricated indictments during its investigations. The disputed clause was the one granting the special prosecutor authority to take over and dispose of existing prosecuted cases. The opposition viewed this provision as potentially a get-out-of-jail card for a particular individual, while the ruling camp countered that it was an effective mechanism to redress harm from investigative fabrication.

The president's removal request has shifted the axis of the debate. If the indictment withdrawal power is removed from the bill entirely, the trials of the cases in question will proceed through ordinary court procedures, and the special prosecutor will be confined solely to determining whether investigative fabrication occurred. In effect, the president has personally delivered the message that he will "see his trial through to the end (legally)." However, it remains unclear whether the ruling party will accept the request in full, and how it will be reflected during the bill's deliberations.

Diverging responses from ruling and opposition parties

People Power Party floor leader Jeong Jeom-sik expressed distrust of the press conference itself. "Can we trust words he was forced to say under pressure?" he retorted. He went on to claim that "President Lee Jae-myung has repeatedly flip-flopped, saying things like 'I won't restrict real estate with taxes' and 'I will give up my immunity from arrest.'" He also criticized the move, asking whether the ruling camp was pushing for a special prosecutor after having already decided its conclusion in advance.

On the other hand, the president's clarification is likely to weaken the opposition's rationale for attacking the ruling party over its so-called "indictment withdrawal scenario." If the indictment withdrawal power is deleted from the bill, the unnecessary controversy surrounding it is expected to subside. Analysts see this as a strategy to reduce political burden while preserving the institutional achievement of establishing a special prosecutor.

Legislative process and outlook

The legislative stage now moves to the National Assembly's Legislation and Judiciary Committee and a plenary session. The ruling party is expected to introduce a revised version of the bill that removes the indictment withdrawal and case transfer and disposal provisions in line with the president's request. If the bill passes without those clauses, the special prosecutor will hold only investigative and fact-finding powers, and existing trials will be unaffected.

The remaining variable is the opposition's attitude. The key question is whether the People Power Party will accept the removal request and cooperate in reviewing the bill, or continue its opposition by raising other issues. Meanwhile, the ruling and opposition parties are expected to spar for some time over the credibility of President Lee's statement that he has "no intention of extending his term through constitutional amendment," made to rule out the possibility of seeking re-election. How the adjustment of the special prosecutor law changes the pace of the political calendar will likely become clear from the Legislation and Judiciary Committee's schedule after the National Assembly opens.