Seventh Special Counsel Act Under Lee Jae-myung Government Passes National Assembly

The seventh special counsel act since the launch of the Lee Jae-myung government has passed the National Assembly through a ruling party-only vote.

Background and Legislative Progress of the Bill

The so-called 'Special Counsel Act to Uncover the Truth Behind Fabricated Investigations and Prosecutions' is a bill aimed at determining whether the prosecution under the Yoon Suk-yeol government manipulated the investigation and indictment process in cases involving President Lee Jae-myung, among others. The Democratic Party has repeatedly argued for the need to establish the truth, citing recurring suspicions about the investigative practices of the prosecution under the Yoon government. The bill was brought to the plenary session just one day after it was forcibly passed through the National Assembly's Legislation and Judiciary Committee over opposition objections, and passed in a plenary vote on the 6th. This is the seventh special counsel act passed under the Lee Jae-myung government.

The People Power Party attempted to block the bill with a filibuster from the committee stage, but its minority seat count prevented it from stopping the plenary vote. As the vote proceeded, People Power Party lawmakers walked out, and the bill was passed by the affirmative votes of lawmakers present. According to the ruling camp, Democratic Party leader Kim Min-seok was seen pressing the affirmative vote button on the National Assembly floor.

Key Provisions and Scope of the Bill

The core of the bill lies in how the special counsel exercises investigative authority over cases involving suspicions of fabricated prosecutions. A notable point is that it grants investigative authority to prosecutors seconded from outside. The bill is designed so that even if former prosecution personnel are assigned to the special counsel team, the special counsel retains command authority — interpreted as an effort to secure the independence of the investigation. The scope of investigation includes the trials involving President Lee conducted by the prosecution under the Yoon government, as well as other cases where suspicions of fabricated prosecutions have been raised.

This is analyzed as a legislative design intended to fundamentally prevent potential conflicts over investigative authority between the special counsel and the prosecution, as occurred in the past. The interpretation is that by clearly defining the special counsel's investigative authority, the bill seeks to reduce legal disputes during the evidence-gathering and compulsory investigation processes.

Political Confrontation and Concerns Within the Ruling Camp

The People Power Party branded the bill a 'shield law to protect President Lee Jae-myung,' even calling it 'the worst legislation since Dangun,' escalating its opposition. It declared an outdoor protest immediately after the plenary passage, and the opposition's response took the form of boycotting the vote and walking out. In response, the Democratic Party defended the bill's legitimacy, countering that the opposition 'must stop deceiving the public.'

Notably, disagreements have emerged even within the ruling camp. Rep. Chung Sung-ho of the Democratic Party, who served as the Lee Jae-myung government's first justice minister, pointed out that the special counsel candidate vetting process required more deliberation, and predicted that proving fabricated prosecutions through the special counsel's investigation would not be easy. Observers suggest that concerns raised within the ruling camp about the bill's potential unconstitutionality and legal contradictions could become variables at the implementation stage.

Outlook for Legislative Procedure and the Political Calendar

The bill, having passed the plenary session, will now be transferred to the government for promulgation. Whether the president gives approval, and the timing of promulgation, are the key issues ahead. Even if the government exercises a veto, a revote in the National Assembly could follow. With the ruling party pushing forward at a rapid pace based on its seat advantage, promulgation within the year and the start of the special counsel candidate recommendation process are expected.

The People Power Party's outdoor protest is likely to focus less on reversing the bill itself and more on seizing control of the political agenda and placing pressure on the ruling party. Even if the special counsel investigation begins, given the high legal bar for proving fabrication, it will take considerable time before any substantive findings are produced. With the rift between the ruling and opposition parties deepening, this bill is likely to become another axis determining the political turbulence in upcoming state affairs and budget negotiations.