'Special Prosecutor Act on Fabricated Indictments' Passes National Assembly... Ruling Party Passes Bill After Ending Filibuster (Updated)

167 of 168 lawmakers vote in favor
Debate continues despite removal of prosecution-maintenance and case-transfer provisions
PPP objects, calling it a "trial-canceling special prosecutor," and steps up street protests

The Special Prosecutor Act on Fabricated Indictments, advanced by the Democratic Party of Korea, passed the National Assembly plenary session on November 6. The People Power Party tried to block it with a filibuster (unlimited debate), but the Democratic Party passed a motion to end the debate with the support of more than three-fifths of all lawmakers, then proceeded to pass the bill.

At its plenary session that day, the National Assembly put to a vote the "Bill on the Appointment of a Special Prosecutor to Investigate Allegations of Fabricated Investigations and Indictments by the Prosecutors' Office, the National Intelligence Service, the Board of Audit and Inspection, and Other Agencies under the Yoon Suk Yeol Administration." The bill passed with 167 votes in favor and one against, out of 168 lawmakers present.

People Power Party lawmaker Joo Jinwoo delivers a filibuster, or unlimited debate, on the Special Counsel Act on Fabricated Indictments in the National Assembly plenary chamber on the 6th. Photo by Yoon Dongju

The Special Prosecutor Act calls for an investigation into whether fabricated or targeted investigations took place during investigations and prosecutions involving the Prosecutors' Office, the National Intelligence Service, and the Board of Audit and Inspection under the Yoon Suk Yeol administration. It covers a total of 12 cases, including six involving President Lee Jae-myung.

The cases include allegations of breach of trust and bribery related to the Daejang-dong, Wirye, and Baekhyeon-dong development projects; the alleged dissemination of false information related to the Daejang-dong and Baekhyeon-dong developments; third-party bribery allegations involving Seongnam FC; allegations of an illegal transfer of funds to North Korea by Ssangbangwool; perjury instigation involving Kim Jin-seong; and the alleged misuse of a corporate credit card by the Gyeonggi Province governor.

Other cases under investigation include allegations of bribery related to employment of former President Moon Jae-in's son-in-law; the shooting death of a South Korean official in the West Sea and the forced repatriation of North Korean escapees; allegations of manipulation of the economic feasibility assessment for Unit 1 of the Wolseong Nuclear Power Plant; the alleged leak of classified information about THAAD; allegations of statistical manipulation; and allegations of false reporting related to defamation of former President Yoon Suk Yeol.

Once the bill is promulgated, the Democratic Party of Korea, the People Power Party, and the Rebuilding Korea Party will each recommend one candidate for special prosecutor, and President Lee will appoint one of them. The special prosecutor team will have up to 309 members and may investigate for up to 200 days, including a 20-day preparation period.

During the bill's review, lawmakers removed provisions that had been points of contention: the special prosecutor's authority to decide whether to maintain prosecutions and the power to request the transfer of existing cases. The Democratic Party said it had removed the provision that sparked controversy over the possibility of dropping prosecutions. At a Supreme Council meeting that day, Democratic Party leader Kim Min-seok said, "We removed all the provisions the People Power Party cited as grounds for opposition, including the provision on dropping prosecutions and the power to request the transfer of existing cases. Yet continuing the filibuster amounts to admitting that they are accomplices of the political prosecutors."

The People Power Party objected, saying that the possibility of dropping prosecutions had not been completely ruled out because of provisions applying the Criminal Procedure Act. It began a filibuster the previous day, but the debate ended 24 hours later after the Democratic Party submitted a motion to end it. Under the National Assembly Act, an unlimited debate can be ended 24 hours after it begins with the support of at least three-fifths of all lawmakers.

Immediately after the bill passed, the People Power Party stepped up its street protests. After holding a rally outside the National Assembly building that day, it plans to hold an on-site Supreme Council meeting in front of Gyeongbokgung Station on November 7 and another in front of the Blue House on November 9. It is also considering holding an on-site lawmakers' general meeting and one-person protests in front of the Blue House.

At the rally, People Power Party leader Jang Dong-hyuk said, "The Special Prosecutor Act on Fabricated Indictments is itself legislative manipulation and manipulated legislation. For a president with no will to uphold the Constitution, impeachment is the only answer; for a president trying to erase his own crimes, resuming the trial is the only answer."

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