More Prosecutors Under Investigation by Fabricated-Indictment Special Counsel Than Those Assigned to It

More prosecutors are under investigation by the special counsel probing fabricated indictments than the number of prosecutors being assigned to the counsel's team.

As the so-called 'Fabricated Indictment Special Counsel Act' is expected to be finalized at next week's Cabinet meeting, controversy is mounting over the effectiveness of the special counsel's investigation. According to Yonhap News, the structure leaves more prosecutors under investigation than there are prosecutors being seconded to the counsel, making staffing and ensuring investigative fairness immediate challenges.

Why the Special Counsel Act Was Proposed

The law is an institutional mechanism to reinvestigate cases in which fabrication allegations were raised during past prosecutorial investigations and indictments. With persistent criticism that the prosecution cannot objectively reexamine its own past investigations, demands for an independent third-party investigative body led to legislation. The main opposition People Power Party is strongly resisting, arguing the law could be seen as a witch hunt against the prosecution by a particular political force.

The People Power Party held a large outdoor rally in Busan on the 14th to denounce the special counsel act. They argued that state council members would also find it difficult to escape legal responsibility for approving the special counsel. As interparty confrontation spills outside the National Assembly, intertwining with demands to normalize the budget session, the overall political landscape is being consumed by battles over the special counsel act.

Staffing and Procedure Are the Core Issues

The gist of the bill is to guarantee independent investigation and prosecutorial powers over suspected fabricated indictments. The problem is scale. While the number of prosecutors under investigation reaches into the dozens, the prosecutors who can be seconded to the special counsel are fewer, raising concerns that the actual investigation could exceed what it can handle.

Another contentious issue is whether indictments can be withdrawn. The Democratic Party explains that the special counsel act contains no provision for withdrawing indictments, but the People Power Party countered that such claims amount to "taking the public for fools." Legal circles predict legal disputes over the interpretation of indictment withdrawal powers could erupt even before the investigation begins.

Political Battles and Social Ripple Effects

The Democratic Party criticized the People Power Party's rally as "a struggle that abandons the budget session and mocks the president." The People Power Party, in turn, took issue with the potential for abuse of the special counsel act and the indiscriminate expansion of investigation targets. Some point out that both sides' arguments are skewed more toward political skirmishes than the substance of the bill itself.

From the perspective of the judicial system, this special counsel probe will serve as a litmus test for scrutinizing the prosecution's past. If the investigation fails to proceed systematically by each suspected fabrication case and instead becomes selective and politically driven, trust in the special counsel system itself could be damaged. Conversely, if the facts of fabrication are clearly established, it would provide real momentum for victim redress and prosecution reform discussions.

Timeline and Outlook

Once the bill passes next week's Cabinet meeting, it will be finalized into law. The process of recommending and appointing a special counsel candidate and forming the team will follow. With securing seconded prosecutors proving difficult, how cooperatively the Justice Ministry, the courts, and the prosecution release personnel will determine the speed and depth of the investigation.

Legal countermeasures from the prosecutors under investigation are also expected. If disputes over legality move to the courts at the indictment or search-and-seizure stage, a protracted investigation is inevitable. The special counsel's success or failure will ultimately be decided by the practical conditions of staffing and time. Either way, the outcome will leave a lasting impact on the prosecution organization and the judicial system.