46 Pending Police Cases Hang in the Balance as Creation of Insurrection Special Investigation Unit Is Considered

The creation of a 'Special Investigation Unit on Insurrection' to take over follow-up investigations into the insurrection case is under review.

President Lee Jae-myung has begun assessing which body, and under what structure, should handle the remaining matters after the investigation by the special prosecutor's team on the December 3 insurrection case concluded. According to a Yonhap News report on the 23rd, the presidential office and the Ministry of Justice are reviewing the affiliation and operational structure of a follow-up investigative body, with the 'Special Investigation Unit on Insurrection' emerging as the leading candidate. A special investigation unit refers to a joint investigation task force formed by prosecutorial and police authorities to respond to major cases.

46 Remaining Cases Pending With Police

The urgency of discussions on a follow-up investigative framework stems from the risk of an investigative vacuum. According to Yonhap News, 46 remaining cases handed over by the second Kwon Chang-young special prosecutor's team are currently pending with the police. Given the special prosecution's limited time and manpower, these are cases transferred to the ordinary investigative system as unresolved matters.

These 46 cases are known to include both matters central to the insurrection case and peripheral ones. How deeply which agency probes them will determine the extent to which the truth of the case is uncovered. Observers point out that if the cases left by the special prosecutor are neglected, the investigation may leave behind only records while the truth remains buried—echoing the paradox that "the truth disappears the moment it is spoken."

The Significance and Issues of the Special Investigation Unit Alternative

The Special Investigation Unit on Insurrection has drawn attention for its potential to ensure investigative continuity. A special prosecution is a temporary body that dissolves when its term ends, whereas a special investigation unit, run jointly by prosecutors and police, can operate for a relatively long period. The presidential office's review of both affiliation and operational structure is interpreted as an intent to institutionalize the unit in some form—whether under the prosecution, the police, or as a joint body.

At the same time, political interpretations diverge. Extending the special prosecution or creating a follow-up body could tie the investigation's targets and scope back to the political calendar. For the follow-up investigation not to be seen as pressure on particular figures at particular times, the unit's independence and the criteria for assigning cases must be clearly defined in law and regulation.

Ruling and Opposition Divided in Their Reactions

The ruling camp takes the position that a follow-up investigative framework is necessary to uncover the truth behind the 46 unresolved cases. The main opposition People Power Party, however, has pushed back against the review, calling it "intimidation" aimed at figures such as party leader Cho Kyoung-tae. The opposition believes a follow-up investigative body could function as a tool of political pressure beyond judicial procedure. The same 46 cases are thus read by one side as an "investigative blind spot" and by the other as "political expansion of the investigation."

Legislative Process and Outlook

The key question is whether the Special Investigation Unit on Insurrection will be formed through internal guidelines of the prosecution and police, or on a statutory basis. Launching it administratively without legal grounds would be swift but could invite legitimacy disputes. Conversely, going through the National Assembly's legislative process would allow its powers, term, and oversight mechanisms to be clearly defined, but would require bipartisan agreement. Given the current composition of the Assembly, passing a bill is not difficult with the ruling party's consent alone, but the stronger the opposition's resistance, the longer the review process may take.

In the short term, the structure of the body is expected to be decided first based on the presidential office's review, after which the assignment of the 46 remaining cases and the scope of investigation will be worked out. How the follow-up body inherits the special prosecutor's findings, and how its term and oversight are designed, appear to be the key variables in minimizing any investigative vacuum. In the end, what will determine success is not the body's name, but an institutional mechanism committed to seeing the remaining 46 cases through to the end.