Yang Bu-nam, Representative Proposal for Amendment of the 'Special Prosecutor Appointment Act'

"Prevention of Avoidance in Presidential Special Prosecutor Appointments"

Assemblyman Yang Bu-nam.

Yang Bu-nam, a member of the Democratic Party of Korea representing Gwangju Seo-gu Eul, on the 9th, took the lead in proposing a revision bill to the "Act on the Appointment of Special Prosecutors," commonly known as the permanent special prosecutor law.

The current permanent special prosecutor law stipulates that when the National Assembly passes a resolution deeming an investigation by a special prosecutor necessary, the President must promptly request the Special Prosecutor Candidate Recommendation Committee to recommend two candidates, and thereafter, the President must appoint one of them as the special prosecutor within three days.

However, on the 3rd, President Yoon Seok-yeol declared an unconstitutional and illegal emergency martial law and blocked the National Assembly from exercising its right to demand the lifting of martial law. Furthermore, he is accused of committing insurrection by deploying armed troops to the National Assembly to arrest lawmakers.

Although the prosecution, police, and the Corruption Investigation Office for High-ranking Officials (CIO) have each launched investigations into the charge of insurrection involving the President and related parties, investigative authority is divided among the President, high-ranking officials, and military personnel. Given the existing behavior of investigative agencies, there is little expectation for fairness and neutrality in the investigation, raising the necessity for an investigation through a permanent special prosecutor.

Accordingly, the Democratic Party of Korea submitted a "Request for Investigation by a Special Prosecutor to Uncover the Truth of the Insurrection Act through the Unconstitutional Declaration of Emergency Martial Law" to the National Assembly on the 5th. If the request passes the National Assembly, the President must proceed with the appointment procedure for the permanent special prosecutor; however, the prevailing view is that it is practically unlikely that President Yoon will appoint a special prosecutor.

The revision bill stipulates that if the President does not appoint a special prosecutor according to the permanent special prosecutor law, the Speaker of the National Assembly shall request the Special Prosecutor Candidate Recommendation Committee to recommend candidates, and if the President fails to appoint the special prosecutor within the designated period, the eldest member of the committee shall be automatically appointed as the special prosecutor.

Representative Yang said, "This insurrection case can only be resolved through a special prosecutor, but since it is unlikely that the President will comply with the procedures set by the permanent special prosecutor law, we have legislated the criteria for appointing a special prosecutor," adding, "If the President even exercises a veto against this law, public resistance will accelerate."