Ruling Party Raises Offensive Level with 'Stronger Special Prosecutor Act and Special Tribunal'... Will It Help the Special Prosecutor?

[Financial News] As the three special prosecutor teams investigating various allegations against former President Yoon Suk-yeol and his wife enter the second half, the National Assembly has initiated discussions on the 'Stronger Special Prosecutor Act' and 'Special Tribunal.' The main points are the extension of the investigation period, reinforcement of personnel, and the establishment of a special tribunal solely for the special prosecutor. The special prosecutor team welcomes the reinforcement of personnel but is contemplating the extension of the investigation period and the special tribunal. It remains uncertain whether the ruling party's push for a special law amendment will positively impact the special prosecutor team.
According to the legal community on the 7th, the National Assembly's Legislation and Judiciary Committee passed the 'Stronger Three Major Special Prosecutor Act' led by the ruling party on the 4th. Additionally, the 'Special Tribunal for Rebellion Act' was referred to the bill review subcommittee for full-fledged discussions. The 'Stronger Three Major Special Prosecutor Act' includes △expansion of investigation personnel △possible additional extension of 30 days △sentence reduction if contributing to fact-finding through surrender, accusation, or testimony △mandatory live broadcast of the first trial of rebellion cases (not possible if the defendant or prosecutor disagrees), and the 'Special Tribunal for Rebellion Act' involves the National Assembly, the court, and the Korean Bar Association each recommending three judges to individually establish judges in charge of warrants and tribunals for rebellion cases.
First, the rebellion and foreign exchange special prosecutor team (led by Cho Eun-seok) has a mixed atmosphere of positivity and negativity. While the rebellion special prosecutor team is evaluated to have achieved significant results in the first half, including the arrest of former President Yoon, they must clarify allegations of foreign exchange, the closure of the Korea National University of Arts, and obstruction of the National Assembly vote on martial law in the remaining period. Especially as the rebellion special prosecutor team continues to indict major suspects, the departure of prosecutors due to maintaining the prosecution is ongoing. For these reasons, the rebellion special prosecutor team is positive about expanding investigation personnel and extending the period.
However, the special prosecutor team is also under pressure. The reasons are the mandatory live broadcast of the first trial and the Special Tribunal for Rebellion Act. Since a significant portion of the rebellion and foreign exchange charges involve military secrets, public broadcasting of the trial can be burdensome. Although it can be conducted privately with the consent of the defendant and prosecutor, the need to be conscious of public opinion makes it inevitably burdensome.
The failure of the rebellion special prosecutor team to secure the arrest of some suspects, including former Prime Minister Han Deok-soo and Commander Kim Yong-dae of the Drone Operations Command, also influenced the 'Special Tribunal for Rebellion.' As concerns about 'unconstitutionality' have been raised by the National Assembly's Legislation and Judiciary Committee, the Supreme Court's Court Administration Office, and the legal community, the ruling party's push could inevitably burden the special prosecutor team.
The Kim Geon-hee special prosecutor team welcomed the desired reinforcement of personnel but is contemplating the extension of the investigation period. Allegations related to Mrs. Kim Geon-hee, such as 'selling positions,' continue to arise. The increase in recognized cases and the exclusion of prosecutors due to maintaining the prosecution made additional personnel urgent. The special prosecutor team, which will extinguish the urgent fire with personnel reinforcement, is cautious about extending the investigation period. They plan to complete the investigation as much as possible by the original expiration date of the special prosecutor at the end of November. This is because the extension of the special prosecutor could affect the investigation timeline. A special prosecutor team official explained, "We plan to complete the investigation as much as possible by the original investigation period at the end of November," and "since the special prosecutor can choose to extend the investigation period, we will decide after review."
The Chae Sang-byeong special prosecutor team, having achieved the extension of the investigation period, remained silent on personnel reinforcement. A special prosecutor team official stated, "Since the desired extension of the investigation period has been achieved, there is nothing to say about personnel reinforcement."
The legal community evaluated that the special prosecutor is in a desperate situation. Since the ruling party launched the special prosecutor, it explained that the special prosecutor team has no choice but to accept it regardless of its will. A lawyer who is a former prosecutor said, "The special tribunal is ultimately about conducting trials in the assembly," and "the act of destroying the constitutional order is inevitably burdensome for the special prosecutor."

theknight@fnnews.com Jeong Kyung-soo Reporter