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People's Solidarity for Participatory Democracy: 'If President Lee's Case Was Fabricated, Fight It in Court... Mobilizing Special Counsel Act Is Special Treatment'


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▲ People's Solidarity for Participatory Democracy holds a press briefing for the publication of the "Lee Jae-myung Government's First Year 2026 Prosecutor's Office Plus Report"

The People's Solidarity for Participatory Democracy (PSPD) has argued that if the indictment in President Lee Jae-myung's case was fabricated, it should be contested in court, and that mobilizing a special counsel act and personnel authority amounts to special treatment.

The civic group also evaluated that the Lee Jae-myung administration's prosecution reform has laid the legal foundation to completely separate investigation and prosecution, while pointing out that personnel practices relying on former prosecutors could become an obstacle to reform.

The PSPD held a press briefing at the Neulshimamu Hall of PSPD in Jongno-gu, Seoul, today (17th) to release the "Lee Jae-myung Government's First Year 2026 Prosecutor's Office Plus Report," evaluating the prosecution reform pursued by the government over the past year.

Regarding the issue of canceling the indictment in President Lee Jae-myung's case, the group argued, "Prosecutorial power must not be exercised arbitrarily before anyone, and there is no exception to this principle for a president," adding, "If the indictment was fabricated, they should fight for innocence in court or seek the dismissal of the indictment based on the abuse of prosecution authority."

It further stated, "If attempts to erase the trial itself by mobilizing a special counsel act and personnel authority continue, that is not reform, but special treatment under the guise of reform."

Analyzing the amended Criminal Procedure Act, which focuses on abolishing the Prosecutors' Office and launching the Prosecution Service and the Serious Crime Investigation Agency, the PSPD analyzed, "By completely eliminating even prosecutors' supplementary investigation rights, it legally blocked the legal pathway through which investigative powers could be revived indirectly via lower-level enforcement decrees."

However, regarding the inclusion of provisions such as prosecutors' right to verify facts in the amended Criminal Procedure Act, it expressed concern, saying, "There is a risk that it could transform similarly to summoning and investigating suspects, and past practices of intervening in the direction of investigation through scientific investigation and forensic infrastructure could be revived."

Issues were also raised regarding the consecutive appointments of former prosecutors to the Presidential Secretariat, which is responsible for verifying personnel in high-ranking public offices.

In its report, the PSPD pointed out, "Appointing former prosecutors to key positions in the presidential office is an obstacle to pushing forward prosecution reform policies."

It explained that during the first year of the Lee Jae-myung administration, five former prosecutors were appointed to positions of secretary-level or higher in the Presidential Secretariat.

The group noted, "As long as the Lee Jae-myung administration repeatedly assigns the Senior Secretary to the President for Civil Affairs to former prosecutors, doubts will not disappear as to whether prosecution reform can be substantially completed beyond institutional design."

It emphasized, "To break the chain of collusion between the presidential office and the prosecution and to strengthen democratic control over the prosecution, even the Senior Secretary for Civil Affairs must be appointed from a non-prosecutor background," adding, "As the Lee Jae-myung administration puts forward prosecution reform and the de-prosecution of the Ministry of Justice as national tasks, it must first break away from the practice of relying on former prosecutor personnel."

(Photo: Yonhap News)

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