Special Counsel Reviews Deceased's Suicide Note... Is "Preventing Controversy" Within Its Investigative Authority?

NEC special counsel offers conflicting explanations for reviewing deceased suspect's suicide note

Special counsel act permits requests only for materials related to 12 allegations

Legal team: "Obtained it without the family's consent an

Lee Taehan’s special prosecutor team for the National Election Commission is facing criticism that it may have exceeded its statutory authority by reviewing a suicide note left by a deceased suspect in an effort to rebut allegations of coercive investigation. The special prosecutor law allows the team to request relevant agencies to submit only materials related to 12 allegations, including the shortage of ballots for the June 3 local elections. The team has not provided a specific explanation of how the note relates to its investigation or what legal basis it used to obtain it.

Lee Taehan, special prosecutor for the National Election Commission, answers reporters’ questions during a visit to the Seoul Major Crimes Investigation Agency in Seoul on the 23rd. Yonhap News Agency.

In a phone call with The Asia Business Daily on October 23, the special prosecutor team said of the deceased person’s note, “The investigation team obtained it after determining that it was related to the investigation.” Earlier that morning, the team announced, “To prevent unnecessary controversy, we reviewed the deceased person’s note after following proper procedures.” Although it described the note as investigation-related material, the team in fact used it to rebut allegations of coercive investigation.

Questions have also been raised over whether “preventing unnecessary controversy,” which the team initially cited as its reason for reviewing the note, falls within the investigative purposes set out in the special prosecutor law. The law establishing the special prosecutor team for the National Election Commission designates 12 allegations, including the ballot shortage, and related cases as subjects of investigation. It also limits requests to relevant agencies, including the police, for investigative records and evidence to materials related to those cases. The police are investigating the circumstances of the deceased person’s death.

The special prosecutor team effectively declined to say how the note was related to its legally designated investigative mandate. Asked about the matter, a team official avoided a direct answer, saying, “Whether it is related to the investigation is for the investigation team to determine.” The team also did not say where it received the note or what legal basis it used to obtain it.

The deceased person’s legal team also strongly criticized the special prosecutor team’s acquisition and use of the note on October 23. The lawyers alleged, “The special prosecutor team obtained the note without even seeking the family’s consent and used it to defend itself.” They also criticized the team, saying, “Materials obtained for investigative purposes must be used only within the scope of those purposes,” and that it “released the note by distorting its intent while excluding its overall context.”

Because the note is a private record left by the deceased, obtaining it without the family’s consent must be supported by lawful authority and proper procedures. In particular, when an investigative agency receives materials from another agency, their relevance to the case is an important factor in determining whether the agency has the authority to obtain them. Nevertheless, the special prosecutor team has not only failed to explain how the note relates to its legally designated investigative mandate, but has also offered no explanation of the specific circumstances under which it obtained the note without the family’s consent.

The deceased, who had worked for the National Election Commission, was questioned by the special prosecutor team on October 20 on suspicion of obstructing a bidding process related to contracts for election supplies and occupational breach of trust, and was found dead the following day. The team said the note contained no allegations of coercive investigation, but the legal team alleges that the deceased faced pressure and was coerced into making statements during questioning. On October 23, the legal team submitted an official letter demanding that those involved in the questioning be removed from their duties and that their dispatch assignments be terminated.

This content was produced with the assistance of AI translation services.