Ruling and Opposition Parties Clash Head-On Ahead of Vote on Special Prosecutor Bill on Fabricated Indictments
The special prosecutor bill on fabricated indictments, set for a plenary vote at the National Assembly just one day away, has escalated into the front line of a confrontation between the ruling and opposition parties.
The Democratic Party put its so-called "Special Prosecutor Act on Investigating the Truth Behind Fabricated Investigations and Indictments" on the plenary agenda for Friday afternoon, on the grounds of looking into allegations that the prosecution fabricated indictments under the Yoon Suk-yeol government. According to Yonhap News Agency, the bill is set to be voted on at Friday afternoon's plenary session and is likely to be passed under the Democratic Party's leadership. The People Power Party has branded it "the worst bill in constitutional history" and vowed to fight back with a filibuster and outdoor protests starting Friday. The National Assembly Secretariat announced the opening of the plenary session for 3 p.m. Friday, and Democratic Party floor leader Han Byung-do and People Power Party floor leader Jeong Jeom-sik held pre-session consultations chaired by National Assembly Speaker Woo Won-shik, but failed to narrow their differences.
Separation of Investigation and Prosecution at the Heart of the Dispute
The core issue of the bill is how far the special prosecutor can encroach on the legality of prosecutorial indictments. Former Prosecutor General Lee Won-seok argued Friday that the bill violates the "principle of separating investigation and prosecution," a cardinal rule of criminal justice upheld by both the government and the Democratic Party. He pointed out that the bill is designed in a way that entirely abolishes even prosecutors' supplementary investigation powers, which are directly tied to people's livelihoods, and thus carries risks of being unconstitutional and unlawful, urging that the bill's implementation be suspended before prosecution procedures are revived under the special prosecutor's direction.
The presidential office, by contrast, offered the opposite interpretation. Hong Ik-pyo, senior presidential secretary for political affairs, defended the bill's legislative intent that day, saying, "This is not a law to protect the president but a law to investigate abuse of power by the prosecution." The government has cited allegations that fabrication was involved in the prosecution's investigative process surrounding trials related to President Lee Jae-myung. If the bill passes, the special prosecutor will have the authority to investigate how major cases were investigated and prosecuted during the Yoon Suk-yeol administration, and even decide whether to withdraw indictments.
Head-On Collision and Political Fallout
The People Power Party's opposition is intensifying. Floor leader Jeong Jeom-sik appealed, "This special prosecutor act is designed to eliminate the trials President Lee Jae-myung must face," urging, "Stop this anti-constitutional parliamentary coup." The party plans to continue rallies and resolution meetings not only inside the Assembly but also outside starting Friday. Reform Party leader Lee Jun-seok also warned that lawmakers who vote for the bill will be judged in the next election, a sign that the opposition camp's unity is spreading to other opposition forces.
There are also concerns within the Democratic Party itself. Former Justice Minister Jeong Seong-ho pointed out that the party should have deliberated sufficiently on whether to introduce a special prosecutor, while predicting that uncovering the fabrication allegations themselves will not be easy. Some media commentators and legal experts offer a pessimistic view that the bill may hurt rather than benefit President Lee, potentially dragging down his approval ratings. In a political debate hosted by the Dong-A Ilbo, the possibility that the bill's passage could turn into a political burden was raised.
Prospects for Passage and the Road Ahead
Given the National Assembly's seat structure, the bill is expected to pass at Friday's plenary session. With the Democratic Party signaling a unilateral vote, the People Power Party's filibuster is likely to do no more than delay the timing of the vote. Whether the government will exercise its right to request reconsideration is also a point to watch. If the government vetoes the bill on grounds of unconstitutionality, the Democratic Party would have to pass it again in a revote, while the People Power Party's outdoor protests are expected to continue in the meantime.
The actual investigative capacity after the bill's handling is another variable. For the special prosecutor to verify past indictments, securing internal prosecutorial data and the prosecution's cooperation are essential; without the prosecution organization's cooperation, as former Minister Jeong noted, establishing the truth itself could become difficult. Ultimately, the success of this special prosecutor act hinges not on legislative passage but on where to draw the line between the criminal justice principle of separating investigation and prosecution and the special prosecutor's powers. The constitutional dispute could extend beyond the bill's passage to a ruling by the Constitutional Court.
