Special Prosecutor Probe into Lee Jae-myung Set to Begin as 'Fabricated Indictment' Special Counsel Bill Awaits Promulgation
If the bill establishing a special counsel to investigate alleged fabricated indictments clears next week's Cabinet meeting, a special prosecutor's investigation into President Lee Jae-myung will begin in earnest.
Political Climate Rekindles the Bill
The so-called 'Fabricated Indictment Special Counsel Act' would empower an independent special prosecutor to investigate suspicions that the prosecution deliberately fabricated indictments in specific past cases. The bill, passed by the National Assembly at the initiative of the Democratic Party, is reportedly set for deliberation and promulgation at the Cabinet meeting on the 17th. The situation did not reverse immediately after the bill's passage. Tensions between the ruling and opposition parties have reached a fever pitch in the two days remaining before the Cabinet meeting.
Cases involving President Lee Jae-myung are reportedly included among the bill's direct investigative targets. According to Yonhap News, if the special counsel probe begins, it could also affect the outcome of the president's five criminal trials. The Cabinet vote will proceed as a government decision regardless of whether a request for reconsideration is exercised, and the recommendation and appointment of a special prosecutor will follow promulgation.
Key Provisions and the Investigative Landscape
The bill's core provision guarantees the special prosecutor's independent investigative authority over suspected fabricated indictment cases. The special prosecutor would have the power to investigate both the party claiming harm and the prosecution organization itself. However, according to Yonhap News, questions have been raised about the possibility that more prosecutors could end up under investigation than those seconded to the probe. In other words, the number of prosecutors subject to investigation would exceed the investigative staff. This is why doubts about the probe's effectiveness are already emerging.
Most of the cases subject to the probe are either currently on trial or have already been finalized. Depending on the special counsel's findings, the legality of the indictments themselves could be called into question, making it a variable in the criminal courts' judgments. The People Power Party has seized on this point, urging the judiciary to resume the trials related to the president and his wife.
Divided Views Across Party Lines
The People Power Party opposes the bill outright, branding it a "special probe based on a dead law." The party held its second protest rally at Busan Station on the 14th, arguing, "If the special counsel motion passes, Cabinet members too will go to prison." Their logic is that placing an unconstitutional bill before the Cabinet meeting is itself problematic. Some lawmakers, including Song Eon-seok, are also pursuing legislative measures outside the bill, such as proposing the repeal of the visa-free entry exception for Jeju Island.
The Democratic Party countered that these rallies amount to "abandoning the budget session and mocking the president." The party maintains that suspicions of prosecution fabrication have been raised since the past and that a special counsel investigation is consistent with the rule of law. Some opposition lawmakers, including Rep. Yang Hee-gu of the Rebuilding Korea Party, have voiced support for amending prosecution reform legislation, bolstering the momentum to institutionalize the special counsel.
As the old adage goes, "When war comes, truth is the first casualty" — the more heated the political sparring becomes, the more easily the substance of the case recedes into the background.
Until the list of prosecutors under investigation and the details of the alleged offenses are made public, it is difficult to judge the bill's actual effectiveness. This is why critics point out that the competing camps' claims are running ahead of fact-checking.
Timeline and Outlook
The first hurdle is the Cabinet deliberation and promulgation on the 17th. If it passes, the process will proceed with the formation of a special counsel recommendation committee, the shortlisting of candidates, and the president's appointment. The appointment is expected within several weeks of the law's promulgation. However, if Cabinet members move to resign or refuse to vote, the process could be delayed. Nor can the possibility be ruled out that the People Power Party, beyond its rallies, will pursue legal responses such as a constitutional petition or a jurisdictional dispute.
Once the special counsel is launched, it will collide with the schedule of President Lee's five criminal trials, shifting the overall political landscape into an investigative phase. With next year's budget session and election calendar also looming, the speed and scope of the special counsel probe are expected to emerge as a variable that dictates the political timetable.
