(2nd LD) Special counsel bill on alleged fabricated indictments introduced at plenary session

A special counsel is an independent prosecutor given a defined mandate to investigate sensitive allegations. The aim is to create distance from the regular prosecution service when its own conduct is under scrutiny. Here, the proposed counsel would examine whether prosecutors under former President Yoon Suk Yeol built cases through fabricated evidence or induced false testimonies.

The bill would cover indictments in 12 cases. Six involve Lee, based on alleged conduct during his time as Seongnam mayor or Gyeonggi governor. The allegations include corrupt development schemes, illegal remittances to North Korea, and misuse of a government charge card. Six other cases mostly concern events during former President Moon Jae-in’s administration.

The bill does not retain an earlier clause that would have allowed the prosecutor to cancel indictments. It would authorize investigation instead. The People Power Party says the findings could still help the justice ministry or prosecution drop charges, while the Democratic Party supports the probe.

The bill responds to allegations that the prosecution under former President Yoon Suk Yeol manufactured parts of cases against then opposition leader Lee Jae Myung and others. Specifically, it alleges fabricated evidence and induced false testimonies. These claims matter because they challenge whether criminal cases were built through legitimate investigative methods.

The proposed counsel would examine indictments in 12 cases. Six concern Lee and allegations linked to his time as Seongnam mayor or Gyeonggi Province governor. The listed subjects include corrupt development schemes, illegal remittances to North Korea, and misuse of a government charge card. The other six cases mostly involve events during former President Moon Jae-in’s administration.

The bill originally included a clause allowing indictment cancellation, but the Democratic Party removed it after backlash. The People Power Party still argues that the investigation’s findings could lead the justice ministry or prosecution to drop charges. The party calls the measure an attempt to erase Lee’s indictments.

The bill would place 12 prosecution indictments within the special counsel’s mandate. That number includes cases involving President Lee Jae Myung and other cases tied mainly to the previous Democratic Party administration. The scale is significant because the proposal reaches across multiple investigations and political periods.

Six of the 12 cases involve Lee. Their charges arose from alleged conduct when he was mayor of Seongnam or governor of Gyeonggi Province. The article identifies alleged corrupt development schemes, illegal remittances to North Korea, and misuse of a government charge card among the subjects. The other six cases mostly involve events during Moon Jae-in’s administration.

The count describes the counsel’s investigative scope, not a finding that the allegations are true. The Democratic Party says a special investigation is needed to examine possible fabrication. The People Power Party says the measure is designed to cancel or undermine Lee’s indictments, even though the cancellation clause was removed.

After Assembly Speaker Cho Jeong-sik introduced the bill at a plenary session, the next major step is a vote in the National Assembly. The ruling Democratic Party controls a majority, so it is leading the effort to advance the measure. The People Power Party strongly opposed the bill and immediately used a filibuster to delay proceedings.

A filibuster is a parliamentary tactic that prolongs debate and postpones a vote. In this case, the Democratic Party said it would end the tactic after 24 hours, following relevant Assembly rules. That plan would allow lawmakers to move from extended debate to voting rather than leaving the bill indefinitely blocked.

The stated timetable is therefore a vote on Friday. If the filibuster ends as the Democratic Party announced, the bill can proceed to a vote then. The People Power Party has also vowed to continue protesting outside the Assembly, showing that opposition will remain even after the procedural delay ends.

The bill sets out a shared nomination process but gives the final choice to President Lee Jae Myung. Three candidates would be recommended, one each by the Democratic Party, the People Power Party, and the minor Rebuilding Korea Party. Lee would then select the special prosecutor from that group.

The investigation could involve a large team. The article says the special counsel’s team could include up to 309 personnel. Its work would be limited to a maximum period of 200 days. Those limits define both the possible resources and the time available for examining the 12 indictment cases.

The process would begin only if the Assembly passes the bill. The proposed arrangement also places political parties directly in the nomination stage, while the president makes the final selection. The People Power Party opposes the bill, so the nomination framework would operate amid sharp disagreement over whether the investigation is necessary or intended to weaken Lee’s indictments.

President Lee’s trials were suspended after his election because South Korea’s Constitution limits criminal prosecution of a sitting president. Article 84 provides an exemption from criminal prosecution while the person holds the presidency, except in cases of insurrection or treason. The article says all trials arising from Lee’s charges were suspended after his election in June last year.

The suspended cases came from allegations tied to Lee’s earlier public offices. He had been mayor of Seongnam and governor of Gyeonggi Province. The charges involved alleged corrupt development schemes, illegal remittances to North Korea, and misuse of a government charge card. The bill would examine the prosecution’s indictments in these and other cases.

The constitutional rule explains why the trials are not continuing while Lee is president. It does not itself decide whether the allegations were fabricated or whether Lee committed wrongdoing. Those questions are central to the proposed special counsel, whose mandate would cover six Lee-related cases and six others.

An indictment is a formal accusation that prosecutors bring against a person. Prosecution refers to the government side that investigates alleged crimes and presents evidence in court. A trial is the court process in which the accusation and evidence are tested before a judicial decision. These stages are related, but they are not the same.

In this dispute, the proposed counsel would investigate whether prosecutors fabricated evidence or induced false testimonies before securing indictments. The courts would remain responsible for deciding cases. The article says the People Power Party fears the special counsel would meddle in trials and press the judiciary toward acquittals, while the Democratic Party says the indictments require investigation.

Separating investigative and judicial powers is constitutionally important because it supports impartial decisions and limits unchecked authority. Investigators should not determine guilt, and political actors should not dictate verdicts. The article’s controversy shows why that boundary matters: a probe into prosecution conduct could affect cases that were already filed or being tried.