ED Selective justice erodes trust in independent counsel

Special prosecutor Min Joong-ki speaks at his office in Gwanghwamun, central Seoul, in July. Yonhap

Special prosecutor Min Joong-ki is under fire for allegedly applying a double standard in his team’s investigation into the Unification Church.

Last week, the special prosecutor indicted Yoon Young-ho, former director-general of the Unification Church’s world headquarters, on charges of violating the Political Funds Act. Investigators say Yun gave 144 million won ($97,600) to about 20 politicians affiliated with the main opposition People Power Party (PPP) in 2022 prior to the presidential election.

The indictment has sparked a controversy over fairness.

Yoon reportedly testified that the Unification Church also provided tens of millions of won to two lawmakers from the Democratic Party of Korea (DPK), one of whom remains in office. His testimony was said to be detailed, claiming that one DPK lawmaker received both cash and a luxury watch. He also stated that the Unification Church initially approached four Cabinet ministers from the Moon Jae-in administration and said he handed investigators a list of DPK politicians with ties to the church.

However, the special counsel team did not investigate the DPK politicians.

Their decision to indict PPP politicians for bribery while taking no action over allegations involving DPK politicians has triggered criticism.

PPP floor leader Rep. Song Eon-seog accused Min and his team of acting as “henchmen” of the DPK.

Former PPP leader Han Dong-hoon also alleged a double standard, claiming that DPK politicians appear to be shielded from investigation despite allegedly receiving illegal donations. He argued this suggests the special counsel is “working like a subcontractor” for the DPK.

The DPK rebuffed accusations of bias. In a written statement, Rep. Baek Seung-ah said the investigators’ decision to indict Yoon and PPP-linked politicians while taking no action against DPK figures was based on evidence. “Unlike the PPP, there was no systematic effort within the DPK to receive illegal donations from the church,” she said.

The special counsel’s decision is problematic and even dangerous for several reasons.

First and foremost, the investigators appear to have deliberately turned a blind eye to alleged criminal activity involving some ruling party members. This raises serious concerns regarding professional misconduct and abuse of power.

Second, Min and his team have undermined the rule of law. Special counsels are appointed to investigate politically sensitive cases, free from outside influence. They are expected to conduct fair, impartial and politically neutral investigations without succumbing to pressure from powerful figures.

Min and his team failed to meet these standards. Their findings appear one-sided, and their decisions suggest an effort to curry favor with the ruling party. They applied strict standards in probing the Unification Church and opposition politicians, but were notably lenient toward ruling party members. Such selective justice erodes the rule of law.

Most significantly, their flawed investigation threatens the foundations of democracy. Special counsels exist to ensure that no public official is above the law. Min and his team have created the impression that DPK members are beyond accountability. For a special prosecutor’s work to carry weight, findings must be credible and impartial. Instead, the partial nature of their conclusions undermines public trust in democratic institutions.

The special counsel led by Min was launched in July to investigate allegations that former first lady Kim Keon Hee was involved in stock manipulation. However, Min and his team were embroiled in controversy from the outset. Min himself has faced accusations of stock manipulation after earning substantial profits from the same stocks in which Kim had invested. Despite mounting calls for an explanation, he has offered no convincing account of his unusually successful investments.

Several investigators on his team were also accused of coercing an official of Yangpyeong County in Gyeonggi Province into confessing involvement in a land development scandal connected to the former first lady. The official committed suicide after questioning, leaving a note claiming he had been forced to lie about his role in the case.

These controversies have fueled public demands for an investigation into Min and his team.

The special counsel must provide clear answers regarding the irregularities surrounding his own conduct. His team must also explain whether they intimidated or coerced the Yangpyeong official. Above all, they must investigate the DPK politicians who allegedly received money from the Unification Church. Only a full and fair inquiry can restore public trust.