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'Kim Gun-hee and Drug Permanent Special Prosecutor Bill' Passes National Assembly Plenary Session Led by Opposition Party

The 'Standing Special Prosecutor Bill on Allegations Against First Lady Kim Geon-hee' and the 'Standing Special Prosecutor Bill on Suspected External Pressure in Incheon Customs Drug Investigation' were passed in the plenary session of the National Assembly on the 20th, led by the opposition parties including the Democratic Party of Korea.


The 'Standing Special Prosecutor Bill on Allegations Against First Lady Kim Geon-hee' covers investigations into allegations such as stock manipulation involving Kim's Deutsch Motors and Sambu Construction, suspicions of receiving luxury handbags, lobbying efforts to save former Marine Corps 1st Division Commander Lim Seong-geun, allegations related to the relocation of the presidential office, and the suspected route change of the Yangpyeong highway.

'Kim Gun-hee and Drug Permanent Special Prosecutor Bill' Passes National Assembly Plenary Session Led by Opposition Party On the 20th, before the announcement of the voting results on the "Special Prosecutor Investigation Request for the Truth Clarification of the Incheon Customs Drug Investigation Pressure Allegation Case, etc." at the National Assembly plenary session, members of the People Power Party are leaving the chamber. Photo by Yonhap News

Despite the People Power Party setting a party line to 'reject' the bill and voting against it, the bill was passed due to the numerical superiority of the opposition parties including the Democratic Party of Korea. Out of 265 members present, 179 voted in favor, 85 against, and 1 abstained.


Since the standing special prosecutor does not require the enactment of a separate special prosecutor law, it is not subject to the president's right to request reconsideration (veto power).


Following the revision of the National Assembly rules led by the opposition parties on November 28 last year, the ruling party is excluded from recommending candidates for standing special prosecutors in cases involving investigations of the president or their relatives.


The Standing Special Prosecutor Bill on Suspected External Pressure in Drug Investigations concerns allegations of external pressure during the police investigation into customs officials' involvement in a case where a Malaysian drug trafficking organization distributed methamphetamine through Incheon Airport in 2023.


During the full meeting of the National Assembly's Legislation and Judiciary Committee the previous day, there was a clash between the ruling and opposition parties over the handling of the standing special prosecutor bills. Members of the committee from the People Power Party boycotted the vote, accusing the Democratic Party of Korea of flooding the committee with various special prosecutor and impeachment bills.


Meanwhile, according to the Standing Special Prosecutor Act, once a request for a standing special prosecutor investigation is approved in the plenary session, it is immediately activated. Unlike the general special prosecutor law, the president cannot exercise the right to request reconsideration (veto power).


However, the president can effectively exercise a veto-like effect by delaying the appointment of special prosecutor candidates. Currently, the responsibility for recommending candidates for standing special prosecutors lies with Choi Sang-mok, the acting Prime Minister and Minister of Economy and Finance. Choi has not yet requested the recommendation of special prosecutor candidates for the 'Standing Special Prosecutor Investigation Request on Treason,' which was passed in the plenary session last December.


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