Former Prosecutor General Lee Won-seok: "Fabricated Prosecution Special Counsel Act Is Unconstitutional... Cannot Keep Repeating Re-investigations"

Former Prosecutor General Lee Won-seok has strongly criticized the so-called "Fabricated Prosecution Special Counsel Bill" submitted to the plenary session of the National Assembly, arguing that it violates the constitutional principle of the separation of powers.

In a statement released today (November 6), former Prosecutor General Lee blasted the special counsel bill, stating, "It defines prosecutors as having conducted 'fabricated investigations and fabricated prosecutions' based on the reversed and unilateral claims of the key figures behind the astronomical real estate speculation gangs of Daejang-dong, Baekhyeon-dong, and Wirye, as well as defendants in the illegal North Korea cash remittance case."

He continued, "It was already revealed through the parliamentary investigation last April that claims of 'fabricated investigations and fabricated prosecutions' are groundless. All of our citizens know well the purpose of this special counsel. However, a special counsel will not change the truth. Crimes that exist will neither disappear nor be reduced."

He further argued, "They will likely attempt to pave the way for dropping the indictment based on the unilateral outcome of the special counsel, but no prosecutor will comply with this. Unconstitutional and illegal political acts that defy common sense cannot destroy judicial justice. Rather, even larger judicial problems will snowball, and the truth will soon come to light."

Former Prosecutor General Lee pointed out several issues, including that the bill goes against the prosecution reform of the Lee Jae-myung administration, which separated investigation and indictment, and that the president appoints a special counsel to investigate a case in which the president is implicated.

He noted, "(The government and the Democratic Party) completely abolished the prosecution, claiming that investigators falling into confirmation bias by holding both investigative and indicting powers infringes upon the human rights of investigation subjects. Yet, while introducing a 'special counsel for dropping indictments,' they granted that very special counsel the complete authority to both investigate and indict."

He added, "Only the special counsel—whose investigation subjects are designated by the Democratic Party and who is appointed by the president—is an exception to the Democratic Party's 'investigation-indictment principle.' They even retroactively apply the powers of prosecutors under the Criminal Procedure Act that had been abolished. They have created a criminal justice system advantageous to themselves and their allies."

Former Prosecutor General Lee argued that the special counsel bill is likely unconstitutional, noting that the targets of the special counsel investigation, such as the illegal Ssangbangwool North Korea cash remittance, involve current and former presidents and their close associates.

He emphasized, "The special counsel bill leaves wide open a path for only the president and his associates to avoid trial and move toward the dropping of indictments. This creates and recognizes a separate special social class, violating the constitutional principle of equality. No one can be a judge in their own case."

Former Prosecutor General Lee explained, "President Park Geun-hye, President Lee Myung-bak, and Prime Minister Han Myeong-sook all stood trial. You cannot keep opening special counsels to repeat re-investigations and re-re-investigations under the pretext of 'fabricated investigation and fabricated prosecution' every time defendants and accomplices who were later convicted make statements advantageous to themselves."

In addition, he stated, "We must resolve issues within the judicial system pre-arranged by the Constitution and laws. With the trial proceedings against the president suspended, proceeding with a special counsel investigation regarding him once again turns the judicial process upside down like standing on one's head."

He added, "The unconstitutional and illegal special counsel must be stopped. Judicial matters must be left to the judiciary. That is the lesson we must learn from past history. Facing the reality where the Constitution and the rule of law are collapsing, I earnestly appeal once again."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.