Questions arise over constitutionality, conflict of interest in special counsel probe design

A recently passed special counsel law is sparking debate over potential conflicts of interest and the law's compatibility with the government's recent prosecution reforms. The legislation empowers an investigation into alleged instances where prosecutors and state agencies may have fabricated evidence or brought politically motivated charges under the previous administration.

This investigation encompasses a range of cases, including those involving President Lee Jae Myung, such as accusations of election law violations, involvement in development scandals, and illicit money transfers to North Korea.

The original version of the bill, introduced by the ruling Democratic Party of Korea (DPK) in April, had provisions allowing the special counsel to assume control over ongoing prosecutions and determine whether to continue them. Opposition parties criticized this provision, alleging it was designed to facilitate the clearing of criminal charges against President Lee.

In response to these accusations, the DPK amended the bill, removing the contentious provision after President Lee requested lawmakers in September to do so. However, the appointment process for the special counsel remains a point of contention.

Three parties — the DPK, the main opposition party, and the independent special counsel commission — are involved in determining the specifics of the appointment process. While the revised legislation aims to address concerns over conflicts of interest, questions remain about the law's overall constitutionality and whether its powers align with the government's recent efforts to reform its prosecution system.