Mandatory Broadcasting of First Trial in Insurrection Special Prosecutor Case
Investigation Period Extended by 30 Days, Additional Personnel Allocated
The so-called "Stronger Special Prosecutor Act," which significantly expands the investigation period, scope, and personnel for the three major special prosecutors (the Insurrection Special Prosecutor, the Kim Keonhee Special Prosecutor, and the Fallen Marine Special Prosecutor), as well as allows related trials to be broadcast to the public, has passed the first subcommittee on legislative review of the National Assembly's Legislation and Judiciary Committee.
On September 2, the first legislative review subcommittee held a meeting to review the amendment bills to the three major special prosecutor acts, sponsored by Democratic Party lawmakers Seo Youngkyo, Kim Yongmin, Jeon Yonggi, and Lee Sungyun, as well as the amendment bill submitted by the Democratic Party's Special Committee for Comprehensive Response to the Three Major Special Prosecutors. The Democratic Party plans to merge these bills in the subcommittee to create an alternative bill, which will be addressed at the full session of the Legislation and Judiciary Committee on September 4.
The amendment bill processed by the subcommittee increases the investigation period, scope, and personnel for the three special prosecutors. Kim Yongmin, the chair of the first legislative review subcommittee, told reporters after the meeting, "We have clarified the scope of investigation for all three special prosecutor acts and increased the number of investigators," adding, "The investigation period, which could previously be extended by 30 days at the special prosecutor's discretion, can now be extended twice, by 30 days each time."
The amendment allows the investigation period to be extended by a total of 90 days. The special prosecutor may extend the investigation twice, by 30 days each time, at their discretion, and then, with presidential approval, extend it for an additional 30 days. Under the previous law, the special prosecutor could extend the investigation by 30 days at their discretion and then, with presidential approval, for another 30 days. The amendment thus grants an additional 30-day extension at the special prosecutor's discretion.
In addition, the amendment allows for the recording and broadcasting of special prosecutor trials. In the case of the Insurrection Special Prosecutor trial, the first trial must be broadcast, and for other trials, if a request for broadcasting is made, the court must proceed with the broadcast unless there are special circumstances. Regarding this, Kim stated, "We took into account that the insurrection trial presided over by Judge Ji Guyoun does not meet public expectations," adding, "No one can guarantee or verify that the trial is being conducted fairly and transparently enough to earn public trust."
Kim further stated, "Of course, Judge Ji should be excluded, but since the court has not taken such action, the legislature has acted to enhance the credibility of the trial," adding, "The court has also agreed to accept this and to prepare prompt measures." Kim also said, "Everything about the trial should be made public like historical records, so that future generations learn the lesson that a presidential coup d'etat must never happen again."
The amendment passed the subcommittee led by the Democratic Party, with People Power Party lawmakers absent. Democratic Party lawmakers argued, "As the special prosecutor's investigations are underway, more crimes are being uncovered than when the special prosecutor act was first enacted," adding, "Therefore, the law must be amended as soon as possible to allow the special prosecutor to carry out investigations swiftly."
However, the People Power Party, which has criticized the amendment as an "extension of the special prosecutor for political retaliation," opposed its passage. Na Kyungwon, newly appointed as the People Power Party's secretary for the Legislation and Judiciary Committee, left the meeting midway, stating, "Although the subcommittee is discussing the Democratic Party's three special prosecutor extension bills today, there is essentially no need for the extension, and the estimated budget exceeds 20 billion won, which is excessive waste." She added, "Recently, the arrest warrant for former Prime Minister Han Ducksoo was dismissed, and excessive and unreasonable investigations are continuing," and "The special prosecutor is being used as a tool for oppression and political retaliation against the opposition, as seen in the search and seizure of the People Power Party's floor leader's office." She also noted that the Democratic Party has not responded to her request to replace her party's lawmaker Joo Jinwoo as a member of the subcommittee, calling it an "overreach of authority by the chair."
On this day, the first legislative review subcommittee was recessed for about an hour as People Power Party lawmakers left the meeting room in protest after the special prosecutor attempted to search and seize the People Power Party's floor leader's office in the main building of the National Assembly.
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