Bahk Eun-ji has been with The Korea Times since 2012, building a career across multiple desks. She began at the Business Desk, where she conducted in-depth interviews with key figures in Korea's corporate world. Later, she moved to the Politics & City Desk, focusing on education policy and social affairs. She later served as team leader of the digital content team, leading curation efforts on the newspaper’s homepage and reshaping print stories for social media audiences to enhance digital reach. Now back on the Politics Desk, she covers the National Assembly and the Ministry of National Defense, with a renewed focus on political developments.
EXPLAINER Special counsel bill sparks debate over power to drop ongoing trials
Ruling Democratic Party of Korea members of a parliamentary inquiry committee submit a bill calling for a special counsel probe into alleged fabricated prosecutions under the Yoon Suk Yeol administration at the National Assembly in Seoul, April 30. Joint Press Corps
By Bahk Eun-ji
Provision allowing withdrawal of indictments raises conflict of interest concerns
A special counsel bill proposed by the ruling Democratic Party of Korea (DPK) would allow an independent counsel to withdraw indictments in ongoing trials, a provision now at the center of debate over its impact on court proceedings.
The bill, introduced on Thursday, calls for an investigation into alleged fabricated investigations and indictments under the previous Yoon Suk Yeol administration.
It designates 12 cases for review, including the Daejang-dong and Wirye development projects — large-scale land development schemes launched during President Lee Jae Myung’s tenure as mayor of Seongnam that have since become among the most politically sensitive issues in South Korea — as well as the Ssangbangwool remittance case, which centers on allegations that a private firm transferred funds to North Korea.
The proposal follows a parliamentary inquiry led by the ruling party, which claimed that prosecutors may have relied on coercive questioning, selective investigations and distorted evidence.
The DPK argues that an independent probe is needed to reassess whether those cases were handled properly.
At the center of the controversy is a provision allowing the special counsel to decide whether to maintain indictments. In practice, this would allow the counsel to drop charges in cases already brought to court.
Under Korean law, prosecutors can only withdraw indictments before a first-instance ruling. In reality, such decisions are rare and are typically limited to cases where the charges cannot be sustained.
The bill goes further by allowing the special counsel to take over cases already under trial. It also requires prosecutors assigned to those cases to follow the counsel’s direction. If the special counsel withdraws an indictment, the case would end without a court ruling, leaving no judicial determination on guilt or innocence.
The main opposition People Power Party's Seoul mayoral candidate, Oh Se-hoon, center, and the Reform Party's Gyeonggi gubernatorial candidate, Cho Eung-cheon, right, meet at the National Assembly Members’ Office Building in Seoul, Monday, to discuss their response to a special counsel bill proposed by the ruling Democratic Party of Korea over alleged fabricated investigations and indictments under the Yoon Suk Yeol administration. Yonhap
The bill has also drawn attention because several of the listed cases are directly or indirectly linked to Lee, who would appoint the special counsel under the proposed framework.
Legal experts and opposition politicians say the structure poses a conflict of interest, as it allows a sitting president to influence whether charges in his own cases are pursued.
The impact may not be limited to a single defendant, as decisions on indictments could also affect co-defendants in the same cases.
The issue has quickly spilled into the political arena ahead of the June 3 local elections.
Opposition parties including the People Power Party (PPP) have stepped up criticism, and conservative candidates in the Seoul metropolitan area held a joint meeting Monday to coordinate their response to the bill.
PPP floor leader Song Eon-seog also denounced the bill as an attempt to eliminate trials altogether, calling it a “trial deletion law.”
Lee, who had largely refrained from commenting on the proposal, addressed the issue for the first time on Monday, calling on the ruling party to take a cautious approach.
He urged the DPK to “carefully consider the timing and procedures through sufficient public consultation and deliberation,” according to a briefing by the presidential office.
However, Mun Geum-ju, floor spokesperson of the DPK, defended the bill, saying it is “a necessary measure to independently investigate alleged fabricated prosecutions and uncover the full truth.”
Legal scholars say the debate goes beyond individual cases and touches on how the special counsel system should be used.
Han Sang-hie, a professor emeritus at Konkuk University Law School, said the introduction of a special counsel falls within the legislature’s direction but questioned the need to grant the power to withdraw indictments.
“If fabrication is proven, prosecutors can withdraw charges, or courts can dismiss the case,” he said. “Allowing a special counsel to do so is not appropriate.”
Han added that bypassing established procedures could undermine the rule of law and set an undesirable precedent, especially given that several of the cases involve a sitting president.
Criticism has also emerged from legal groups. A lawyers’ organization led by former Korean Bar Association President Kim Hyun said the special counsel system is meant to ensure independence when investigating those in power, but argued that the current bill moves in the opposite direction.
In a statement, the group said the bill appears designed to remove the legal responsibility of a sitting president and described it as an unprecedented distortion of the special counsel system.
Lee Chang-hyun, a professor at Hankuk University of Foreign Studies Law School, said special counsels are typically introduced only in exceptional cases where existing investigative bodies are not trusted.
“Withdrawing indictments is an extraordinary step used in limited circumstances,” he said. “Granting such authority to a special counsel, particularly in cases already under trial, requires careful consideration.”