Democratic Party bill could let indictments against Lee be withdrawn before courts rule

President Lee Jae Myung had been facing five criminal trials before they were suspended following his presidential election victory.

The Daejang-dong development scandal, Ssangbangwool’s alleged illegal transfer of US dollars to North Korea for then-Gyeonggi Gov. Lee’s visit and his alleged misappropriation of the Gyeonggi provincial budget were stopped at the first-trial stage; the subornation of perjury case at the appellate stage; and the election law violation case at the remand stage after the Supreme Court’s decision against him.

These trials are expected to resume after his presidential term ends in June 2030.

However, a so-called special counsel bill on alleged indictment manipulation, proposed by the ruling Democratic Party of Korea on April 30, would allow a special counsel to decide whether to maintain the prosecutions in all of those cases. In effect, it would grant the special counsel the authority to withdraw the indictments.

The party proposed the bill, citing a recent National Assembly investigation that they say confirmed alleged fabrication of indictments. Yet cases involving President Lee, which were not even addressed in that probe, were included within the scope of the proposed special counsel investigation.

If a special counsel recommended by the ruling party-dominated National Assembly were to withdraw indictments despite prosecutors' opposition — and thereby nullify court adjudication — it would raise serious concerns. The majority party’s political power is infringing not only on prosecutorial authority but also on judicial authority itself.

Moreover, the special counsel would be appointed by the president. This means that a defendant would appoint the special counsel to investigate his own case and possibly withdraw the indictments against him, effectively erasing the case. This runs directly counter to the legal maxim "Nemo iudex in causa sua" ("no one should be a judge in his own cause") and represents a serious conflict of interest by any standard.

The Democratic Party says a special counsel is needed, claiming that prosecutorial fabrication of indictments was uncovered during a National Assembly probe. However, the parliamentary inquiry revealed virtually no evidence of fabrication, such as coercion of false testimony or document falsification.

At a National Assembly hearing, former Ssangbangwool chairman Kim Seong-tae denied allegations that prosecutors had hosted a "salmon and drinks party" in a storage room at their office for him and another defendant to induce favorable testimony.

The Democratic Party claimed it was false that Kim had handed over US dollars in the Philippines to Ri Ho-nam, a North Korean, to cover the cost of then-Gyeonggi Gov. Lee’s visit to the North. However, that claim lost credibility following testimony at the National Assembly by Bang Yong-cheol, the company’s former vice chairman.

The National Assembly investigation was reportedly led by Democratic Party lawmaker Lee Geon-tae, who previously served as Lee’s attorney in the Daejang-dong case. He formed a group of lawmakers to push for the withdrawal of indictments in Lee’s cases and to pursue a National Assembly investigation. In the end, the Assembly probe became the groundwork for proposing the bill and seeking the withdrawal of indictments against Lee.

If Lee is innocent, the truth can be established later in court. With his trials on hold during his term, they will not interfere with his conduct of state affairs. If, as the ruling party claims, the indictments were indeed fabricated, the court will acquit him.

Some defendants may have legitimate grievances regarding the charges against them, but any injustice should be remedied through the courts.

If this principle does not apply to someone, it is nothing more than a special privilege. The bill grants such privilege to only one person.

If the bill passes as is, it will undermine the very foundations of democracy: The rule of law, the separation of powers and basic common sense and principles. The opposition must unite in voicing its opposition to the Democratic Party’s unilateral push, backed by its absolute majority.


khnews@heraldcorp.com