The "Special Prosecutor Bill" aimed at investigating potential illegalities in the prosecution and indictment processes of state agencies during the Yoon Suk Yeol administration is expected to be presented at the cabinet meeting on November 17. If enacted, President Lee Jae-myung will appoint a special prosecutor to investigate the circumstances surrounding his indictment. The independence of the special prosecutor's selection and the potential impact of the investigation results on the criminal trials that have stalled since his inauguration are key issues.
According to legal sources on November 15, the bill, which passed the National Assembly on November 6, will be reviewed at the cabinet meeting chaired by Prime Minister Han Seong-sook. This meeting is scheduled while President Lee is abroad from November 16 to 19 to attend the Asia-Pacific Economic Cooperation (APEC) summit. Even if the cabinet approves the bill, it will require the president's endorsement to become law.
The special prosecutor candidates will be recommended by the Democratic Party, the People Power Party, and the Justice Party, with the president selecting one from among them. Six of the twelve investigation items listed in the bill are related to President Lee, including the Daejang-dong, Wirye, and Baekhyeon-dong development projects, Seongnam FC sponsorship funds, and the Double-Dragon North Korea remittance case. People Power Party spokesperson Cho Yong-sool pointed out, "The fact that the president directly appoints a special prosecutor to investigate his own case raises serious concerns about conflicts of interest and potential unconstitutionality."
The ongoing controversies surrounding existing trials hinge on whether evidence concealment or coercion of testimony will be revealed during the special prosecutor's investigation, affecting the prosecution's decision to maintain charges in those cases. A provision allowing the transfer of existing cases to the special prosecutor for a decision on charge maintenance was removed during the National Assembly review process.
The timing for charge cancellation varies by trial. Article 255 of the Criminal Procedure Act allows for charges to be canceled before the first ruling. Among President Lee's five trials, those concerning the Daejang-dong, Wirye, and Baekhyeon-dong development projects and Seongnam FC sponsorship funds, as well as the Double-Dragon North Korea remittance case, are all pending before the first ruling. The perjury case is in the appeals stage, while the public election law violation case is in the remand trial stage, meaning the deadline for charge cancellation has passed.
People Power Party floor spokesperson Choi Eun-seok stated, "Removing a few problematic clauses does not block the path to charge cancellation," urging President Lee to exercise his request for reconsideration rights. He argued that the Minister of Justice could exercise authority over the Prosecutor General based on the special prosecutor's findings. In response, Democratic Party deputy spokesperson Ahn Tae-hoon countered, "Is determining the defendant's guilt or innocence the same as revealing the prosecutor's illegal actions?" Lee Yong-cheol, the nominee for Minister of Justice, indicated he would reserve judgment on whether to direct charge cancellation pending the special prosecutor's investigation results.
The authority of prosecutors participating in the special prosecutor's investigation is also a point of contention. The bill includes provisions allowing special prosecutors, special prosecutor assistants, and dispatched prosecutors to directly investigate cases under the special prosecutor's jurisdiction, even after the separation of investigation and prosecution. The number of dispatched prosecutors can be up to 20, with the total size of the special prosecutor team reaching a maximum of 309.
* This article has been translated by AI.
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