Second Consolidated Special Prosecutor Marks 70 Days With No Results

The second consolidated special prosecutor’s office (led by Special Prosecutor Kwon Changyoung), which has inherited the remaining cases of the so-called "three major special investigations"-rebellion, Kim Geonhee, and the death of a marine in the line of duty-has seen 70 days pass since its launch (with a basic investigation period of 90 days), yet there is widespread criticism over the lack of tangible results. Moreover, a series of controversies continue to erupt. This is attributed to ongoing criticism regarding the investigative leadership's fairness and expertise, as well as recent revelations about a special investigator leaking investigative records.

Special Prosecutor Changyoung Kwon, after holding the plaque unveiling ceremony at the special prosecutor's office in Gwacheon on February 25 to investigate the facts concerning the insurrection, foreign exchange violations, and state manipulation acts by Yoon Seok-yeol and Kim Gun-hee, is making a statement with the special prosecutor deputies. Photo by Yonhap News Agency

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Since its launch on February 25, the consolidated special prosecutor’s office has failed to produce significant results beyond conducting search and seizure operations and imposing travel bans on certain persons of interest. With the basic investigation period set to expire on May 25, not a single arrest warrant or indictment has been filed so far.

Legal experts point out that the leadership of the consolidated special prosecutor’s office lacks the investigative acumen and command experience necessary to deliver results distinct from previous special investigations. Special Prosecutor Kwon Changyoung (28th class of Judicial Research and Training Institute) is a former presiding judge. Deputy special prosecutors Kwon Youngbin (31st class), Kim Jimi (37th class), Jin Euljong (37th class), Kim Jeongmin (15th class of Military Judicial Research), and Kim Chiheon (1st class of Bar Exam) have limited experience as prosecutors or come from backgrounds as lawyers, police officers, or military personnel, and lack experience investigating major cases.

A representative example is the consolidated special prosecutor’s request to the Ministry of Justice on April 30 to discipline Acting Prosecutor General Koo Jahyun and Supreme Prosecutors’ Office Inspector General Kim Seongdong. Legal circles have criticized this move, stating that the consolidated special prosecutor’s office demonstrated a lack of legal interpretive skill.

The consolidated special prosecutor’s office requested disciplinary records for prosecutors suspected of collusion during the 12·3 Martial Law, leading to a direct confrontation when the Supreme Prosecutors’ Office refused to submit them. The Supreme Prosecutors’ Office explained that arbitrarily providing such records could violate the Information Disclosure Act, and asserted in advance that it would be willing to submit them if presented with a search and seizure warrant, a point that was communicated to and acknowledged by the special prosecutor. In contrast, the consolidated special prosecutor’s office cited Article 6 of the Special Prosecutor Act. This article stipulates that, if necessary for the performance of its duties, the special prosecutor may request submission of investigative records and evidence from relevant agencies such as the Supreme Prosecutors’ Office, and, if such agencies do not cooperate, may request disciplinary action against the head of the agency.

A representative of the consolidated special prosecutor’s office stated, "Given the short investigation period, it is unreasonable to expect us to obtain all records through search and seizure warrants issued by the court. The disciplinary request is intended to urge a change in the Supreme Prosecutors’ Office’s uncooperative attitude."

However, the Supreme Prosecutors’ Office countered, "Article 6 of the Special Prosecutor Act merely establishes the special prosecutor’s priority in investigations and does not mean that all materials held by relevant agencies can be submitted at will. Interpreting it as the special prosecutor claims would likely violate the constitutional principle of warrant-based procedures."

A lawyer who previously served in one of the three major special investigations commented, "If there is probable cause, they should simply apply for a search and seizure warrant. The fact that they have not been able to secure a warrant suggests that the investigation has not progressed far enough, and their actions come off as little more than venting their frustration."

The leadership’s "political neutrality" has also come under scrutiny. Special Prosecutor Kwon drew controversy after it was revealed that he told Choi Kangwook, a former lawmaker of the Democratic Party of Korea, "If we want to root out martial law, a special joint investigation headquarters would need to operate for at least three years."

Deputy Special Prosecutor Kim Jimi appeared on the pro-government YouTube channel "Kim Eo-Jun’s News Factory," where she discussed matters related to the investigation, leading a civic group to file a complaint against her for allegedly leaking official secrets. Deputy Special Prosecutor Kwon Youngbin also faced a conflict of interest controversy after previously serving as defense counsel for former Gyeonggi Province Vice Governor Lee Hwayeong and former Ssangbangwool Vice Chairman Bang Yongcheol, before later being assigned to investigate the "testimony coercion" allegations related to Ssangbangwool’s remittance to North Korea.

Internal discipline issues have also been raised. Attorney Lee, serving as a special investigator for the consolidated special prosecutor’s office, posted photos of his letter of appointment and stamped suspect statements on social media as part of his law practice promotion. The consolidated special prosecutor’s office imposed a "one-month pay reduction" as disciplinary action. The office stated that, although part of a statement was posted, the contents were not disclosed, so there would be no criminal complaint.

Reporter Woobin, The Law Times

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