Monday, January 19, 2026

Supreme Court of Korea warns second ruling-party special counsel could be seen as third extension of existing probes, calls for careful deliberation

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2026-01-12 12:31:51
Updated
2026-01-12 12:31:51
On the 7th, Choo Mi-ae, chair of the Legislation and Judiciary Committee, strikes the gavel during the third plenary meeting of the 430th (extraordinary) session of the National Assembly of the Republic of Korea held in Yeouido, Seoul. Photo: News1

According to Financial News, the Supreme Court of Korea has voiced concerns over the second comprehensive special counsel being pushed by the Democratic Party of Korea (DPK) and other ruling-camp forces.
According to the legal community on the 12th, the National Court Administration under the Supreme Court of Korea stated in its review opinion on the bill titled "Act on the Appointment of a Special Prosecutor to Investigate the Truth Behind the Acts of Insurrection, Treason, and State Capture Committed by Yoon Suk Yeol and Kim Keon Hee" that "in the case of the second special counsel, there is a concern that it could effectively be seen as a renewed extension of the existing three special counsel investigations."
The National Court Administration pointed out that "the operation of a special counsel is an exceptional measure to the ordinary investigative system and inevitably entails the投入 of massive budgets and personnel," adding, "The dispatch of investigative personnel to the special counsel may cause secondary problems such as delays in investigations conducted by ordinary investigative agencies."
The National Court Administration also stressed that, due to overlap with existing investigations, the special counsel may not significantly improve investigative efficiency. Taking these factors together, it added that the necessity of operating a second special counsel should be subjected to sufficient deliberation and discussion.
It further offered its view on the investigative scope of the second special counsel. The National Court Administration expressed concern that provisions calling for investigations into alleged false statements during the presidential campaign by former president Yoon and his wife, the unlawful operation of their election campaign, and crimes involving the Unification Church could overlap with the so-called "Unification Church special counsel" bill currently pending in the National Assembly of the Republic of Korea.
Regarding the provision that would transfer any parts of the investigation deemed incomplete to the National Office of Investigation, the National Court Administration stated, "It is necessary to clearly stipulate whether cases that fall within the investigative jurisdiction of the Corruption Investigation Office for High-ranking Officials (CIO) would also be handed over to the head of the National Office of Investigation."
On the clause requiring that trials and rulings related to the second comprehensive special counsel be open to the public, the National Court Administration took the position that it "does not conform to the constitutional provision allowing exceptions to public trials on grounds such as national security, public order, or good morals, as the unconditional public nature of proceedings could, in some cases, pose risks to national security, public order, or good morals," and said the matter requires careful review.
The DPK is pushing for the second comprehensive special counsel bill, citing the need for further investigation into parts of the three special counsel probes that expired last month but are said to require additional inquiry, as well as into new suspicions that emerged during the course of those investigations.
theknight@fnnews.com Jeong Kyung-soo Reporter