"They argued for prosecutorial reform based on the logic that separating investigation and indictment is essential, yet they are overusing the special prosecutor system, which is far from that principle of separation."
A legal community official who recently met with this reporter grumbled in this way about the Democratic Party of Korea's introduction of a special prosecutor bill targeting alleged fabricated investigations and indictments under the Yoon Suk-yeol administration. The criticism is that the special prosecutor system, which should serve as a last resort, is being overused for every issue, creating numerous side effects.
Since the special prosecutor system was introduced in Korea in 1999, a total of 20 special prosecutors have been deployed over 27 years. Five of these, or roughly a quarter, have been launched under the Lee Jae-myung administration. The "three major special prosecutors" investigating the Marine Corps corporal's death, the insurrection case, and first lady Kim Keon-hee, along with standing special prosecutors for Coupang and the banded currency case, have been followed by a second comprehensive special prosecutor now conducting investigations. If the fabricated indictment special prosecutor is also launched, the country would effectively see the bizarre spectacle of a "365-day permanent special prosecutor" system.
The problem is that special prosecutors, whose purpose is to correct unfair investigations, are themselves becoming embroiled in controversies over biased investigations. One assistant special prosecutor in the comprehensive special prosecutor team appeared on a pro-ruling-party YouTube broadcast, while another assistant special prosecutor who had previously defended former Gyeonggi Province Vice Governor for Peace Lee Hwa-young and former Ssangbangwool Vice Chairman Bang Yong-cheol was assigned to the North Korea remittance case investigation before being replaced in a farcical turn of events.
The fabricated indictment special prosecutor, which includes the authority to withdraw indictments, has been mired in fairness disputes from its very structure. Given that the final authority to appoint the special prosecutor rests with the president, a figure nominated by the president would decide whether to maintain indictments in related cases.
The overuse of special prosecutors continues to push public welfare cases to the back of the line. The number of prosecutors dispatched to the comprehensive special prosecutor currently conducting investigations and the three major special prosecutors handling indictment maintenance has reached 67. With limited investigative resources funneled into special prosecutors, unresolved cases have already surged uncontrollably. Unresolved prosecution cases, which stood at around 64,000 in 2024, nearly doubled to 121,563 as of last month.
Amid this "endless special prosecutor loop" caught up in grand discourse and political strife, ordinary citizens suffering from voice phishing, fraud, and sex crimes have nowhere to turn and are groaning in distress. It is time for the political establishment, which cries out for justice while overusing special prosecutors, to consider what true justice means from the people's perspective.
