Special Prosecutor Launched to Investigate Fabricated Indictments as Special Prosecutor Act Passes National Assembly
The seventh special prosecutor since the launch of the Lee Jae-myung government will be established to investigate allegations of fabricated indictments by the prosecution under the Yoon Suk-yeol administration.
On the 6th, the National Assembly held a plenary session and passed the "Special Prosecutor Act on Establishing the Truth Behind Fabricated Investigations and Indictments" (the Fabricated Indictment Special Prosecutor Act), spearheaded by the Democratic Party of Korea. This came just one day after the bill was rammed through the National Assembly's Legislation and Judiciary Committee. The People Power Party resisted with a filibuster but did not participate in the vote. The opposition party continues its opposition through rallies and public campaigns.
Background of the Bill
The bill originated from allegations of fabrication raised during the investigation and indictment processes conducted by the prosecution under the Yoon Suk-yeol government. In particular, the Democratic Party has consistently claimed that cases related to President Lee Jae-myung involved problems such as the omission of evidence, the use of illegally obtained evidence, and so-called "split indictments." The core allegation is that the Yoon administration's prosecution designed investigations to secure convictions against specific individuals.
The Democratic Party concluded that the prosecution could not credibly investigate itself. This led to legislation introducing a special prosecutor as an independent investigative body to uncover the truth. By including the prosecution and trial processes of cases deemed vulnerable for President Lee within the scope of investigation, the bill's character was refined into one of "holding past prosecutorial power to account."
Key Provisions of the Bill
The special prosecutor's investigative scope was significantly expanded during the bill review process. In the Legislation and Judiciary Committee review the previous day, the Democratic Party added the omission of evidence and the use of illegally obtained evidence—where fabricated indictment allegations arose in cases related to President Lee—to the scope of investigation. "Split indictments," the practice of dividing a single set of facts into multiple cases to force repeated trials, was also included in the investigation.
There is also a notable feature in the investigative structure. The bill grants investigative authority to dispatched prosecutors. Prosecutors assisting the special prosecutor will no longer be limited to a support role and will be able to conduct investigations directly. This is interpreted as an attempt to address the staffing and time constraints raised in past special prosecutor operations. With broader investigative powers and scope, the future special prosecutor's range of activities and pace are likely to differ from previous ones.
Political Conflict and the Debate Over the Bill
The People Power Party opposed the bill, branding it a "shield law for President Lee Jae-myung." It criticized the legislation as an attempt to prevent convictions in cases involving the president and to grant self-immunity. The opposition party held a large-scale rally at the National Assembly on the 6th to mobilize opposition. Its abstention from the vote is also interpreted as a strategy to leave a record of its objections to the bill's legitimacy.
Dissent has also emerged from outside the two major parties. Cho Kuk, head of the Rebuilding Korea Party's Innovation Policy Research Institute, pointed out that the bill carries a risk of being unconstitutional. Former Justice Minister Jeong Seong-ho also took a cautious stance, saying that whether to introduce a special prosecutor required careful deliberation and that uncovering fabrication would not be easy. Even those who agree on the need to establish the truth harbor concerns about legal stability and investigative effectiveness. In contrast, the Democratic Party emphasized the bill's justification as a means of redressing the rights of individuals harmed by fabricated investigations and completing prosecutorial reform.
With the bill's passage, the nomination and appointment of the special prosecutor candidate are expected to become the next point of contention. As this is the seventh special prosecutor under the Lee Jae-myung government, criticism of overuse of special prosecutors is expected, along with demands for procedural safeguards to ensure the prosecutor's independence and fairness. Given that the investigation includes the trial process of cases involving a sitting president, a legal debate over whether presidential privilege conflicts with criminal procedure is likely to follow.
Politically, the People Power Party may continue its opposition campaign and make repeal or revision of the bill a campaign pledge for the next general election. Requests for judicial intervention, such as constitutional petitions or applications to suspend ongoing trials, are also anticipated. Another point to watch is whether the dispatched prosecutors' exercise of investigative authority will clash with the existing prosecution organization. Ultimately, the success of this special prosecutor investigation will hinge on whether the fabrication allegations can be substantiated with evidence, and the outcome is expected to directly influence the future direction of prosecutorial reform and the political support base of the Lee Jae-myung government.
