COVER STORY Special counsel bill deepens partisan rift over impact on Lee's suspended trials
Summary
The ruling Democratic Party of Korea-led National Assembly passed a special counsel bill on Friday to investigate alleged politically motivated cases under former President Yoon Suk Yeol, deepening a partisan dispute over President Lee Jae Myung’s suspended trials. The bill covers 12 cases, including six involving Lee, and is expected to receive Cabinet approval on Tuesday. The People Power Party says the probe could help Lee avoid prosecution, while the ruling party says it is needed to investigate alleged abuses by state officials. Findings would not automatically end the cases but could help Lee’s lawyers challenge evidence and charges when trials resume.
Key Facts
- The six cases involving Lee include allegations related to property development in Seongnam’s Daejang-dong neighborhood, payments to North Korea allegedly made on his behalf by Ssangbangwool, and personal use of a Gyeonggi Province government credit card.
- The other cases include alleged misconduct during the 2017–22 Moon Jae-in administration involving government statistics and the response to the killing of a fisheries official by North Korean troops.
- Lee’s trials have been suspended since he took office under Article 84 of the Constitution, which shields a sitting president from criminal prosecution except for insurrection or treason.
- The final bill removed a provision that would have allowed the special counsel to cancel existing charges.
- Justice Minister nominee Lee Yong-cheol previously worked with Lee Jae Myung at the same law firm, joined his transition team after Lee’s 2010 election as Seongnam mayor, and later headed the Seongnam Industry Promotion Foundation.
Justice minister nominee's ties to president fuel opposition criticism
Main opposition People Power Party leader Jang Dong-hyeok, front row center, floor leader Jeong Jeom-sig, third from left, and other party officials chant slogans denouncing a special counsel bill on alleged fabricated indictments outside Cheong Wa Dae in Seoul, Monday. Yonhap
A special counsel bill aimed at uncovering alleged politically motivated investigations under former President Yoon Suk Yeol is deepening a partisan divide over its potential to influence criminal cases against President Lee Jae Myung.
The ruling bloc claims the special counsel probe is necessary because Lee and other liberal party leaders were unfairly indicted with fabricated evidence and false testimonies by prosecutors under Yoon, while conservative opposition parties, which say Lee is abusing his power to avoid criminal charges, are calling for his impeachment.
The dispute intensified on Monday as Justice Minister nominee Lee Yong-cheol said he would handle calls to drop charges against Lee “in accordance with the law and principles” — a different stance from former Minister Jung Sung-ho, who said it was up to the prosecution, not him, to decide whether to nullify indictments against the president.
A longtime associate of the president, Lee Yong-cheol was nominated on Friday, prompting the main opposition People Power Party (PPP) to question whether he was chosen to facilitate the withdrawal of indictments against the president.
A bill calling for a special counsel-led investigation into alleged manipulation of investigations and indictments under former President Yoon Suk Yeol passes a plenary session at the National Assembly in Yeouido, Seoul, Friday. Members of the main opposition People Power Party boycotted the vote, leaving their seats empty. Yonhap
His nomination was made on the day the ruling Democratic Party of Korea (DPK)-led National Assembly passed the bill, which is expected to get Cabinet approval on Tuesday as the final step before promulgation.
The PPP claimed the legislation is designed to help Lee escape prosecution by discrediting the cases against him.
"A law aimed at helping Lee Jae Myung escape prison has passed the Assembly and is now at Cheong Wa Dae for approval at Tuesday's Cabinet meeting," PPP leader Jang Dong-hyeok said Monday at a rally in front of the presidential office. "Prisoner Lee Jae Myung is holding the prison key."
He added, "Abusing his power, given by the people, for his own interest will lead to his impeachment."
The DPK, however, argues that an independent investigation is needed to determine whether prosecutors, intelligence officials and state auditors abused their authority to target political opponents.
It says charges should be dropped if the investigation finds they were based on fabricated evidence or unlawful practices.
Justice Minister nominee Lee Yong-cheol answers reporters’ questions as he arrives for work at the Defense Acquisition Program Administration (DAPA) in Gwacheon, Gyeonggi Province, Monday. Lee, who currently serves as DAPA chief, was nominated to lead the ministry on Friday. Yonhap
Potential impact on Lee’s criminal cases
The special counsel would examine the prosecution's handling of 12 cases, including six involving allegations against Lee stemming from his terms as Seongnam mayor from 2010 to 2018 and Gyeonggi Province governor from 2018 to 2021.
Lee was elected president in June 2025, succeeding Yoon, who was ousted over his December 2024 martial law declaration.
The six cases include corruption allegations involving property development in Seongnam’s Daejang-dong neighborhood; illicit payments allegedly made to North Korea on Lee’s behalf by underwear manufacturer Ssangbangwool; and Lee’s alleged misuse of a provincial government credit card for personal expenses.
Other cases concern alleged misconduct by officials during the 2017-22 Moon Jae-in administration, including manipulation of government statistics and the response to the killing of a fisheries official by North Korean troops.
Lee’s trials have been suspended since he took office, under Article 84 of the Constitution, which shields a sitting president from criminal prosecution except for insurrection or treason.
Since Lee's inauguration, launching a special counsel probe into the allegations has been a major task of the DPK.
Although it removed from its final bill a provision allowing the special counsel to cancel existing charges, findings that investigators fabricated evidence, obtained unreliable testimony or otherwise acted unlawfully could strengthen demands to remove charges.
While the findings would not automatically end the cases, they could help Lee’s lawyers challenge the evidence and charges when trials resume.
Justice minister nominee rejects suspicions over appointment
Against this backdrop, the nomination of Lee Yong-cheol, a close aide to the president, as justice minister has drawn backlash. Critics say the new minister, if appointed, would influence the special counsel probe and eventually lead to the cancellation of indictments against the president.
When asked about the special counsel investigation, the nominee said the probe should focus “solely on uncovering the truth” and other matters would be handled in accordance with the law.
The nominee’s ties to the president have drawn particular attention, as they previously worked together at the same law firm. He joined the president’s transition team after Lee’s election as Seongnam mayor in 2010 and later headed the Seongnam Industry Promotion Foundation.
The PPP has described the nominee as “a hidden architect of the Daejang-dong project,” accusing the president of seeking to turn the Ministry of Justice into his defense team.
The nominee defended his qualifications, arguing that his relationship with the president should not disqualify him from serving as justice minister.
“If an appointment is based solely on friendship, without any connection to expertise, knowledge or qualifications, that would be a problem,” he said.
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