Acting President Choi Vetoes 'Special Investigation Law on Sedition' Again... "Still Contains Substantive Unconstitutional Elements"

Presiding Over the Afternoon Cabinet Meeting: "Possibility of National Secrets Being Leaked"
"Regretful That It Passed Without Bipartisan Agreement"

Choi Sang-mok, Acting Authority, Yonhap News Agency

Acting President and Deputy Prime Minister Choi Sang-mok, who also serves as Minister of Strategy and Finance, presided over the Cabinet meeting on the afternoon of the 31st and exercised the veto power on the second 'Special Investigation Act on Treason' passed by the National Assembly led by the opposition party.

At the regular Cabinet meeting held at the Government Complex Seoul on the same day, Acting President Choi stated, "This 'Special Act on the Appointment of a Special Prosecutor for the Investigation of Treasonous Acts by the Yoon Seok-yeol Administration' (Special Investigation Act on Treason) has addressed some unconstitutional elements compared to the special investigation bills previously submitted to the government," adding, "Nevertheless, I regret that it passed the plenary session of the National Assembly solely by the opposition party without bipartisan agreement, just like the previous special investigation bill."

Acting President Choi said, "We have had in-depth discussions and repeated deliberations with Cabinet members on whether the introduction of a special prosecutor, an exceptional system under the separation of powers, is truly necessary at this point in light of the larger framework of the 'constitutional order' and 'national interest' that we have upheld so far," and added, "Despite intense consideration, we could not reach a clear conclusion on whether the special prosecutor system must be introduced at this time."

He continued, "Since the special prosecutor system is an exceptional measure under the principle of separation of powers, it should be introduced 'supplementarily' and 'exceptionally' only when the fairness and objectivity of investigations are in doubt."

Acting President Choi conveyed, "Currently, investigations related to martial law have progressed, with most key military and police figures, including the incumbent president, being arrested and indicted, and judicial proceedings have begun," and added, "At this point, where we must observe the progress of judicial procedures, many opinions suggest it is difficult to determine the necessity of introducing a 'separate' special prosecutor."

Although some improvements were made compared to the previous special investigation bill, there are still unconstitutional elements in the content, and concerns have been raised about the 'possibility of national secrets being leaked,' which could negatively impact the constitutional order and national interest.

Acting President Choi expressed concern, saying, "Although some provisions have been supplemented, once national secrets are leaked, it is difficult to remedy the situation by merely returning the items," and emphasized, "Especially, 'national secrets concerning locations and places,' which have strong protective regulations restricting searches and verifications in consideration of the special nature of a divided nation, are irrecoverable once leaked."

He further explained, "Considering that the prosecution has already indicted on charges of leading treason, it is necessary to carefully balance not only the practical benefits that can be gained from additional measures but also the negative impacts that may follow."

Acting President Choi stated, "If normal military operations become subjects of investigation, military readiness against North Korean provocations could be weakened, and there is a possibility of negative effects on military morale," adding, "If situations that negatively affect their honor and morale occur again, it would mean failing to fulfill the responsibilities of the acting president who is managing state affairs on behalf of the Commander-in-Chief of the Armed Forces, the president."

He also said, "As acting president, I have pledged to act responsibly for the nation and the people, fearing only the judgment of the people and history," and added, "At this point, I believe it is a priority to fairly ascertain the substantive truth through the ongoing judicial procedures rather than creating a new investigative body."

This Special Investigation Act on Treason was reintroduced by the Democratic Party with some amendments after Acting President Choi exercised his veto on the 31st of last month, leading to the bill's rejection and abolition in the National Assembly's reconsideration vote.