On the 10th, the National Assembly passed the request for a permanent special prosecutor investigation into the '12.3 Emergency Martial Law Incident.' Although the permanent special prosecutor is smaller in scale compared to a separate special prosecutor, it is not subject to the president's right to request reconsideration. However, since the president is the appointing authority under the Special Prosecutor Act, there is likely to be controversy over whether the appointment can actually take place. On this day, the National Assembly held a plenary session and passed the request for a special prosecutor investigation named 'Request for Investigation by a Special Prosecutor to Clarify the Facts of the Insurrection Act through Unconstitutional Emergency Martial Law Declaration.' A total of 287 members participated in the vote, with 209 in favor, 64 against, and 14 abstentions. The ruling party also participated in the vote as a free vote.
In the People Power Party, 22 members voted in favor. Members such as Kim Sang-wook, Kim Ye-ji, Ahn Cheol-soo, Han Ji-a, Kwak Gyu-taek, Seo Beom-soo, and Jo Kyung-tae, who participated in the vote on the impeachment motion against President Yoon Seok-yeol, mostly shared the same view. Representative Jeong Seong-guk and 12 others abstained. One first-term member who abstained explained, "Looking at the amendment for the insurrection permanent special prosecutor, there were contents related to the investigation of the president," adding, "I judged that it was already a matter under investigation by the investigative agencies."
All 64 votes against were from ruling party members.
Before the plenary session, the People Power Party held a general meeting to determine their stance on the 'insurrection permanent special prosecutor' and conducted a vote. The results showed a tight split between for and against, leading to no party line being established, and they decided to proceed with a free vote. People Power Party leader Han Dong-hoon expressed support for the insurrection permanent special prosecutor. A party official explained that the differences among ruling party members regarding the insurrection permanent special prosecutor show "the internal confusion of the party after the impeachment motion against President Yoon Seok-yeol was discarded." The subsequent resolution calling for the "swift arrest of eight individuals, including President Yoon, suspected of insurrection," saw members Kim Sang-wook, Kim Ye-ji, Park Deok-heum, and Jo Kyung-tae voting in favor.
The request for a permanent special prosecutor investigation includes individuals involved in the 12.3 emergency martial law, including President Yoon, Prime Minister Han Duck-soo, former Minister of National Defense Kim Yong-hyun, former floor leader of the People Power Party Choo Kyung-ho, and Park An-soo, former commander of the martial law command (Army Chief of Staff).
On the 28th of last month, the National Assembly passed a revision of the National Assembly rules that excludes the ruling party from recommending candidates for the permanent special prosecutor in cases involving the president or relatives. According to the revised rules, the two candidates from the People Power Party for the permanent special prosecutor will be recommended by the minor opposition parties, the Justice Party and the Progressive Party.
The Special Prosecutor Candidate Recommendation Committee must recommend two candidates for the special prosecutor in writing to the president with the approval of a majority of the committee members within five days of receiving the request, and the president must appoint one of the two within three days. The special prosecutor could be appointed as early as next week.
In response, a key Democratic Party official stated, "The president's exercise of general personnel authority is somewhat different from actions taken in response to the National Assembly's demands," emphasizing that "if it is before impeachment, the president should appoint the special prosecutor, and if it is after impeachment, the acting authority should do so."
Opinions are divided in the legal community regarding President Yoon's appointment of the special prosecutor.
Attorney Kim Seung-dae (former researcher at the Constitutional Court) argued, "President Yoon should not exercise the appointment authority as he has lost all authority to govern the country," asserting that "it is appropriate for him to resign or for the acting authority to appoint the special prosecutor after impeachment."
On the other hand, attorney Noh Hee-beom (former researcher at the Constitutional Court) stated, "Since President Yoon has made mistakes that distorted the constitutional order, it is necessary to appoint a special prosecutor to correct this, and he should exercise this authority."
There are also concerns about severe confusion due to overlapping investigation powers. The special investigation headquarters of the prosecution, the National Investigation Headquarters of the National Police Agency, and the Corruption Investigation Office for High-Ranking Officials are already investigating the emergency martial law incident, and if a special prosecutor is added, there will be a total of four investigative agencies involved in the investigation.
Additionally, the Democratic Party plans to introduce a separate special prosecutor bill related to the crime of insurrection on the 12th, which is expected to activate five investigative agencies. A Democratic Party official added, "If a much larger separate special prosecutor is implemented, the permanent special prosecutor will proceed as a branch of the separate special prosecutor."
Professor Cha Jin-ah of Korea University Law School stated, "This confusion is a result of the 'investigation power abolition law.' It is chaos due to overlapping investigation powers," but added, "Even now, a joint investigation headquarters should be established to ensure a swift and efficient investigation."
Moreover, the weaknesses of each investigative agency are also pointed out as issues. In the case of the prosecution, there are suspicions about neutrality due to its close ties with President Yoon and People Power Party leader Han Dong-hoon. The National Investigation Headquarters is criticized for having Police Chief Jo Ji-ho and Seoul Police Chief Kim Bong-sik as suspects.
[Reporter Jeon Hyung-min / Reporter Woo Je-yoon]
