The Third Rejection of the 'Kim Gun-hee Special Prosecutor Act' Expected... "Highly Unconstitutional"

Government Holds Cabinet Meeting and Approves Request for Reconsideration
President Yoon Expected to Exercise Veto Soon
Han Deok-su: "Opposition Intends to Burden State Affairs"

Although the special prosecutor law concerning First Lady Kim Geon-hee, led by the opposition party, passed the National Assembly for the third time, the government once again adopted a resolution requesting reconsideration. President Yoon Seok-yeol is also expected to exercise his veto power soon.

On the morning of the 26th, the government held a Cabinet meeting at the Government Seoul Office, presided over by Prime Minister Han Duck-soo, and adopted a resolution requesting reconsideration of the special prosecutor law concerning First Lady Kim Geon-hee. This special prosecutor law was the third bill proposed by the Democratic Party of Korea and was unilaterally passed by the opposition party at the plenary session of the National Assembly on the 14th. It targets investigations into allegations of stock manipulation involvement by Kim, the wife of President Yoon, in Deutsche Motors, and allegations related to Mr. Myung Tae-gyun. Unlike before, the law stipulates that the Supreme Court Chief Justice recommends the special prosecutor candidate, but includes a 'veto right' allowing the opposition party to demand a re-nomination.

Prime Minister Han Duck-soo is speaking at the Cabinet meeting held at the Government Seoul Office Building on the morning of the 26th. Photo by Yonhap News

Prime Minister Han Duck-soo stated, "The opposition party passed the bill unilaterally without any consultation with the ruling party," adding, "It clearly violates the constitutional principle of separation of powers, the principles of subsidiarity and exceptionality of the special prosecutor system, and risks undermining the foundation of the judicial system. The government has already requested reconsideration twice, and both were dismissed."

Prime Minister Han continued, "Nevertheless, it is very regrettable and unfortunate that the opposition party once again unilaterally passed a special prosecutor bill whose unconstitutionality has not been resolved at all," pointing out, "Although this bill was amended so that the Supreme Court Chief Justice exercises the right to recommend the special prosecutor candidate, the opposition party can exercise unlimited veto power."

He explained that although the bill only formally adopts a third-party recommendation format for the special prosecutor candidate, in practice, it is designed so that the opposition party can control the candidate selection. He also criticized that although the investigation targets have been partially reduced compared to the previously discarded bill, the introduction of a special prosecutor for cases still under investigation by the prosecution and the Corruption Investigation Office for High-ranking Officials violates the principles of subsidiarity and exceptionality. He added, "If the intention is to burden state affairs despite knowing that the government must exercise its right to request reconsideration for a bill that conflicts with the Constitution, it is not right toward the people."

Prime Minister Han Duck-soo is speaking at the Cabinet meeting held at the Government Seoul Office Building on the morning of the 26th. Photo by Yonhap News

If President Yoon approves the reconsideration request, the special prosecutor law will return to the National Assembly for a reconsideration vote. President Yoon can exercise his veto power within 15 days from the day after the bill is sent to the government, by the 29th. If he exercises the veto power again this time, it will be the 25th bill vetoed since his inauguration.

The special prosecutor law concerning First Lady Kim Geon-hee previously passed the plenary session in the 21st National Assembly but was rejected in a re-vote after the veto was exercised. In the 22nd National Assembly, the second special prosecutor law went through the same process and was discarded on the 4th of last month.