[Law & Story] The Democratic Party Heading into the 'Lee Jae-myung Swamp'

Disclosure of Prosecutor Information and Amendments to the Criminal Procedure Act
Difficult to Dispel Suspicions of Pressure Tactics Against the Prosecution
Continued Overreach Puts the Entire Party at Risk

Seokjin Choi, Legal Affairs Reporter

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Democratic Party of Korea is currently pushing for amendments to the Criminal Procedure Act that include the enactment of the ‘Prosecutor Information Disclosure Act,’ which would make prosecutors’ names, contact information, and assigned duties public. The amendments would also allow suspects to request the disqualification of the investigating prosecutor and enable them to preview evidence secured by the prosecution before the detention warrant hearing.

Controversy has arisen over whether this was ordered by party leader Lee Jae-myung, whether it is an attempt to expose prosecutors’ personal information to target them, or whether it is an effort to preview prosecution evidence before Lee himself is indicted.

Kim Nam-guk, a Democratic Party lawmaker who introduced a related bill three years ago, was embarrassed once again on the 8th during a National Assembly interpellation session when he incorrectly claimed that Austria had a system allowing the disqualification of prosecutors, despite Justice Minister Han Dong-hoon’s question, “Is there any country that allows disqualification of prosecutors?” This revealed how hastily and unprepared the bill was drafted.

Putting aside these controversies and the appropriateness of the bill’s content, it seems inappropriate for the Democratic Party to raise such issues at a time when Lee is under investigation by the prosecution as a key suspect in multiple cases. No matter how plausible the justification, it is difficult to dispel suspicions that this is a shield card to protect Lee from prosecution or to pressure the prosecution.

The Democratic Party also pushed through an impeachment motion against Minister of the Interior and Safety Lee Sang-min. Although they claimed it was to hold him accountable for the Itaewon tragedy, impeachment trials are a legal mechanism to hold public officials accountable for violations of the Constitution and laws, not a system to address political or moral responsibility. The Constitutional Court clearly stated in the 2004 impeachment trial of the late President Roh Moo-hyun that “the phrase ‘when the impeachment petition is justified’ in Article 53, Paragraph 1 of the Constitutional Court Act refers not to all legal violations but only to ‘serious’ violations that justify dismissal of a public official.”

Since no illegal acts were revealed during the investigation, suspending Minister Lee’s exercise of authority through the impeachment motion is no different from filing a complaint with investigative agencies knowing there is no charge and causing harassment to the accused. It is an abuse of the constitutional court system as a means to pressure the Yoon Seok-youl administration, which is investigating party leader Lee, by exploiting the Democratic Party’s majority status in the National Assembly.

When the prosecution initially notified Lee of a second summons last weekend, the Democratic Party held a large-scale outdoor rally in front of Seoul’s Sungnyemun Gate, attended by Lee and many party lawmakers. Lee waved hand placards reading “Heating Bill Bomb” and “Livelihood Collapse,” but the nature of the rally was clearly to shield Lee from prosecution.

As everyone knows, the allegations Lee is currently facing?including those related to Daejang-dong, Wirye, Baekhyeon-dong, Seongnam FC, the payment of legal fees for Ssangbangwool Group, and remittances to North Korea?are personal corruption charges unrelated to the Democratic Party. Most of these cases were reported and investigated during the Moon Jae-in administration when the Democratic Party was in power. This is not a matter for the party to defend under the banner of “opposition suppression” or “targeted investigation.”

Three years ago, Democratic Party lawmakers shouted “I am Cho Kuk” at the weekly Saturday rallies in Seocho-dong to defend former Minister Cho Kuk, but when Cho was sentenced to prison, the party did not issue a single comment. Cho was just one of many heads of ministries under the Moon administration and had resigned well before the prosecution indicted him. Nevertheless, his lies revealed during the trial contributed to the “presidential election defeat.”

Lee is the face of the Democratic Party as its leader. Even if he is indicted or found guilty in the first trial, he is unlikely to step down as party leader. Of course, voices within the party saying they can no longer support Lee will emerge, causing division. However, the unreasonable statements and actions taken to protect Lee are likely to backfire. Although he is presumed innocent until a guilty verdict is finalized, his right and left hands have already been indicted and detained on charges of receiving bribes related to Daejang-dong.

Lee has a history of lying multiple times. Thanks to the efforts of former Supreme Court Justice Kwon Soon-il, who received lobbying from the Daejang-dong group, Lee avoided a guilty verdict. However, his claim that he never tried to forcibly hospitalize his elder brother was false, and he is currently on trial again for lying about not remembering the late Director Kim Moon-gi, with whom he went on an overseas business trip and played golf in the same group. His claim of having no acquaintance with former Ssangbangwool Group Chairman Kim Seong-tae is also questionable.

For now, lawmakers may be cautious of Lee, who holds the power of candidate nomination, but it is hoped that they will not take further reckless actions to shield him.

The Democratic Party, having just crossed the “Cho Kuk River,” now seems to be sinking deeper into the “Lee Jae-myung swamp.” They have already come far, but going further will be dangerous for the party.