Academics, Legal Professionals Criticize 'Fabricated Prosecution Special Prosecutor Law'; Concerns Over Political Neutrality, Trial Chaos

The Hankyoreh reports on significant criticism from legal and academic circles regarding the Democratic Party's proposed 'Special Prosecutor Act for Investigating Fabricated Prosecutions during the Yoon Suk-yeol Administration.' The core of the controversy lies in the bill's provision granting the special prosecutor the power to determine whether to continue prosecuting cases already in trial, a move widely seen as undermining judicial independence and political neutrality.

“

While the introduction of a special prosecutor itself is something the legislative branch can do, granting the power to withdraw charges can lead to fairness controversies and legal problems. In essence, the current special prosecutor bill puts President Yoon in a position where he appoints the judge for his own trials.

This proposed law, which targets 12 cases including the Ssangbangul North Korea dealings, is particularly contentious because it allows the special prosecutor to decide on the 'continuation of prosecution,' which could lead to the withdrawal of charges. This authority is unprecedented compared to previous special prosecutor laws. Furthermore, the structure where the President, who is a defendant in eight of the 12 cases, would appoint the special prosecutor raises serious questions about impartiality. The bill also includes provisions allowing the special prosecutor to exclude prosecutors who do not follow their directives and to appoint defense counsel, further concentrating power.

Legal experts quoted in the article express strong reservations. Professor Han Sang-hee of Konkuk University Law School likens the situation to the President appointing judges for his own trials. Lawyer Yang Hong-seok points out the problematic nature of allowing a special prosecutor's judgment to preempt court decisions through charge withdrawal. Professor Lee Chang-hyun of Hankuk University of Foreign Studies Law School labels the bill a 'clear violation of the rule of law,' specifically designed for President Yoon and setting a dangerous precedent for interfering with ongoing trials.

“

The problem is that it allows for the possibility that if the special prosecutor determines that 'the prosecution was fabricated,' the trial could be nullified through the withdrawal of charges before the court makes a judgment.

The Hankyoreh, by highlighting these expert criticisms, frames the proposed special prosecutor law not just as a political maneuver but as a potentially destabilizing force within the legal system. The article emphasizes the concerns that such a law could lead to significant confusion in ongoing judicial proceedings and erode the fundamental principles of justice and due process, particularly given the President's direct involvement in many of the cases targeted for investigation.

“

The fabricated prosecution special prosecutor bill is a law created solely for President Yoon, representing a clear violation of the rule of law. Especially since cases currently under trial are included as targets of the special prosecutor's investigation, this sets a precedent for all ongoing trials to be included in special prosecutor investigations. In such a situation, the trials themselves are bound to face significant confusion.