Less Than a Week After Opening, Five Special Prosecutor Laws... Concerns Over Political Paralysis

Filled in 5 Days on Average in 1 Year of the 21st National Assembly
Many Far from Investigation Fairness

Within less than a week since the opening of the 22nd National Assembly, five special prosecutor laws have been proposed. The content of these special prosecutor laws is close to a competition for clarity and retaliation, raising concerns that the confrontation between the ruling and opposition parties could lead to a political deadlock.

The confrontation between the ruling and opposition parties over the "Marine Corps Corporal Chae Special Prosecutor (Special Investigation) Act" and the National Pension reform plan is reaching its peak. The final plenary session of the 21st National Assembly, scheduled for the 28th to re-vote on the "Corporal Chae Special Prosecutor Act," is shrouded in tension at the National Assembly. Photo by Kim Hyun-min kimhyun81@

According to the Legislative Information System on the 4th, five special prosecutor laws were proposed from the opening of the 22nd National Assembly on the 30th of last month until the 3rd of this month. As soon as the National Assembly opened, the Joguk Innovation Party proposed a special prosecutor law related to allegations of ghostwriting of papers by the children of former People Power Party emergency committee chairman Han Dong-hoon (Han Dong-hoon Special Prosecutor Law) as a party stance. The Democratic Party of Korea also proposed a special prosecutor law regarding allegations of external pressure on the investigation of the death of Corporal Chae (Chae Corporal Special Prosecutor Law) immediately upon the opening, as well as submitting the Kim Geon-hee Special Prosecutor Law concerning allegations of stock price manipulation by First Lady Kim Geon-hee, and the Kim Seong-tae Special Prosecutor Law regarding the prosecution’s coercion of false testimony related to the Kim Seong-tae North Korea remittance case. The People Power Party also proposed the Kim Jeong-sook Special Prosecutor Law on the previous day concerning the First Lady Kim Jeong-sook’s overseas trip.

This number is very high even compared to previous National Assemblies. During the 21st National Assembly, 22 special prosecutor laws were proposed over four years, including the 'Special Prosecutor Law on the Death of Air Force Sergeant Lee Ye-ram' and the 'Lime and Optimus Fund Financial Fraud Special Prosecutor Law.' The 22nd National Assembly has already matched the average annual number of special prosecutor laws proposed during the 21st National Assembly within just five days of opening. In the 20th National Assembly, a total of 23 special prosecutor laws were proposed, including the 'Burning Sun Incident Special Prosecutor Law' and the 'Druking Illegal Comment Manipulation Incident Special Prosecutor Law.'

The confrontation between the ruling and opposition parties is analyzed to have led to a competition in proposing special prosecutor laws. The Democratic Party is pressuring the government and ruling party by reintroducing bills that President Yoon Suk-yeol has vetoed. On the 30th of last month, Park Chan-dae, the floor leader of the Democratic Party, said at a party meeting, "We will definitely push through the bills that the president has repeatedly vetoed without consideration." On the previous day, People Power Party lawmaker Yoon Sang-hyun, while proposing the Kim Jeong-sook Special Prosecutor Law, stated, "Circumstances have emerged that First Lady Kim Jeong-sook’s visit to the Taj Mahal in India was a self-invited, taxpayer-funded tour and a bucket list leisure trip, causing public outrage."

However, there are criticisms that the proposed special prosecutor laws are far from ensuring fairness in investigations. In the case of the Kim Geon-hee Special Prosecutor Law proposed by Democratic Party lawmaker Lee Sung-yoon, the special prosecutor can request the presiding court chief to designate the judge responsible for reviewing and issuing warrants. Since the special prosecutor is also appointed in a manner determined by the Democratic Party, the party effectively selects the warrant judge. Additionally, the law restricts judicial authority by stipulating that the court must promptly and intensively hear cases related to First Lady Kim Geon-hee. The Han Dong-hoon Special Prosecutor Law also includes mechanisms for the Joguk Innovation Party to influence the investigation. Unlike other special prosecutor laws that allow only negotiation groups to appoint special prosecutors, the Han Dong-hoon Special Prosecutor Law grants the party with the largest number of seats among non-negotiation groups in the National Assembly the right to recommend a special prosecutor. In the 22nd National Assembly, the Joguk Innovation Party, with 12 seats, is the largest party among non-negotiation groups.

Professor Shin Yul of the Department of Political Science and Diplomacy at Myongji University said, "It is true that political elements cannot be removed from special prosecutor laws, but it is a fact that an excessive number of special prosecutor laws are being proposed," adding, "If the situation repeats where special prosecutor laws pass the National Assembly and the president exercises veto power as in the 21st National Assembly, the political situation could freeze."

This content was produced with the assistance of AI translation services.