Special Counsel Law on Fabricated Prosecutions Passes, Launching Seventh Special Counsel
The special counsel law on fabricated prosecutions passed the National Assembly plenary session on the 6th, paving the way for the seventh special counsel since the launch of the Lee Jae-myung administration.
The Democratic Party ended the main opposition People Power Party's filibuster after some 24 hours through a cloture vote on Friday afternoon, then put the bill to a vote. The ruling party pushed through the 'Act on the Appointment of a Special Counsel to Investigate Allegations of Fabricated Investigations and Prosecutions by State Institutions such as the prosecution, National Intelligence Service, and Board of Audit and Inspection under the Yoon Suk-yeol government.' People Power Party lawmakers boycotted the vote. The bill's core provisions call for a special counsel to investigate allegations that state institutions, including the prosecution, the National Intelligence Service, and the Board of Audit and Inspection, fabricated investigations during the Yoon Suk-yeol administration, covering six court cases involving President Lee Jae-myung.
Why It Became a Flashpoint
Behind the bill lies the conflict over the political neutrality of prosecutorial investigations during the Yoon Suk-yeol government. The opposition raised suspicions that evidence was fabricated or indictments were excessive in the investigations of Lee Jae-myung, then a presidential candidate. In particular, cases involving President Lee that ended in acquittals at the first trial or in which key witnesses reversed their testimony were cited as grounds for the fabrication suspicions. However, since it is practically impossible for existing investigative agencies to investigate their own alleged wrongdoing, calls for an independent special counsel were persistently raised within the ruling camp.
Key Provisions and Scope of Investigation
Under the bill, the special counsel will investigate the six cases involving President Lee Jae-myung as well as cases from the Moon Jae-in administration. A distinguishing feature of the bill is that the scope of the investigation extends beyond the Yoon Suk-yeol government to include Moon-era cases. The investigation period can last up to 200 days, including extensions.
The specific appointment procedures and selection process for the special counsel will proceed according to the provisions of the bill. That said, with the president himself among the subjects of investigation, the process of recommending and appointing the special counsel candidate remains likely to become a political flashpoint.
Fierce Debate Between Parties and Experts
The People Power Party blasted the bill as a "prison-break law for Lee Jae-myung." Party leader Jang Dong-hyuk said at a rally in downtown Seoul on the 7th that "impeachment is now the only answer," tying the law's passage to calls for the president's impeachment. The party also criticized the ruling party's cloture of the filibuster and unilateral passage as a violation of procedural legitimacy.
The Democratic Party countered that the criticism was aimed at "shielding the political prosecution of the Yoon Suk-yeol government." The ruling party's logic is that without uncovering the truth about the abuse of prosecutorial power, fabricated investigations could recur under any administration.
Notably, concerns were also voiced within the ruling camp itself. Chung Sung-ho, a Democratic Party lawmaker who served as the first justice minister of the Lee Jae-myung government, said that "establishing fabricated prosecutions through a special counsel investigation would not be easy" and that "more deliberation was needed." Cho Kuk, the former party leader who was a driving force behind the founding of the Rebuilding Korea Party, also pointed out that the bill carries a risk of unconstitutionality. The legal argument is that a structure in which a special counsel overturns a president's finalized court rulings could conflict with the constitutional presumption of innocence and judicial procedure. Experts have also raised concerns about declining trust in the judicial system as a whole.
Schedule and Outlook
With the bill's passage, the special counsel appointment process is expected to begin soon. A candidate recommendation committee will be formed, and once the candidate is reported to the president, the appointment will follow. However, as with the separate special counsel on the government takeover allegations, fatigue and criticism over the succession of special counsel appointments since the government took office are mounting, demanding thorough vetting in the selection process.
Once the investigation begins, the indictment history and evidence-gathering process in the cases involving President Lee are expected to be reexamined. If fabrication is confirmed, the matter could expand to criminal liability for senior prosecutors involved. Conversely, observers note that a failure to prove fabrication could deepen skepticism about the special counsel system itself. How the impeachment deliberations and street protests promised by the People Power Party play into the flow of state affairs will also be a key point of interest going forward.
In the end, the success or failure of this special counsel investigation hinges on how strictly legal rigor and procedural fairness are upheld. If the probe fails to satisfy both the rationale of uncovering the truth and the demand for political neutrality, the special counsel is bound to become a seed of fresh political strife in its own right.
