[Editorial] Granting a special prosecutor the power to withdraw indictments for 'manipulated indictments' is excessive

As a prominent progressive voice in South Korean media, The Hankyoreh expresses deep concern over the opposition's proposal for a special prosecutor to investigate alleged "manipulated indictments" against President Yoon Suk-yeol. While acknowledging the public's desire for accountability and the suspicions surrounding certain prosecutorial actions, the newspaper views the proposed scope of the special prosecutor's powers with significant alarm.

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However, allowing a special prosecutor appointed by the president to nullify indictments in cases involving the president himself is a criticism that cannot be avoided, as it constitutes undue interference by the ruling power in judicial procedures, violating the principle of separation of powers.

The core of The Hankyoreh's critique lies in the provision granting the special prosecutor the authority to withdraw indictments. The newspaper argues that this power, especially when wielded by a prosecutor appointed by the president himself, represents an unacceptable intrusion into the judicial process. It is seen as a potential tool for the ruling party to unduly influence ongoing legal proceedings, particularly those involving the president, thereby violating the fundamental principle of separation of powers and undermining the independence of the judiciary. This is framed as a dangerous precedent that could erode public trust in the legal system.

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The purpose of the special prosecutor is to uncover the substantive truth of the alleged manipulated indictments.

The article also touches upon the context that led to this proposal, mentioning findings from a parliamentary inquiry that raised questions about coercive interrogation tactics and "statement reversals" in cases involving key political figures. While these points suggest a basis for investigating prosecutorial misconduct, The Hankyoreh insists that the proposed solution is disproportionate and fraught with peril. The newspaper implicitly contrasts the potential for abuse with the perceived ineffectiveness of existing oversight bodies like the Corruption Investigation Office for High-ranking Officials (CIO) and internal prosecutorial investigations, suggesting that while these avenues may be insufficient, the proposed special prosecutor law goes too far in the opposite direction. The piece concludes by emphasizing that the goal of uncovering the truth should not come at the expense of established legal principles and the integrity of the justice system.

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The prosecution's abuse of prosecutorial power to eliminate political enemies of the Yoon Suk-yeol administration has given rise to the exceptional measure of a special prosecutor.