South Korea’s National Assembly on Nov. 6 passed a bill appointing a special prosecutor to investigate allegations that prosecutors, the National Intelligence Service, and the Board of Audit engaged in fabricated investigations and indictments during former President Yoon Suk-yeol’s administration.
The bill—formally titled a measure to appoint a special prosecutor to ascertain the truth behind alleged fabricated investigations and indictments by the prosecution, spy agency, and audit board under the Yoon government—cleared the plenary session despite opposition objections. On Nov. 5, People Power Party lawmaker Han Dong-hoon challenged presidential senior secretary Hong Ik-pyo, calling it a “special prosecution to defend the powerful,” while Hong countered that it investigated prosecutorial power that had abused its authority.
Legitimacy Versus Political Risk
The special prosecution has substantive justification, as the Yoon-era prosecution allegedly conducted targeted and dust-kicking investigations against then-opposition leader Lee and former President Moon Jae-in. Yet former Justice Minister Jeong Seong-ho cautioned on Nov. 6 during an MBC radio program that while excessive investigations were clear, proving through judicial process that evidence was fabricated would be difficult.
If the special prosecutor fails to produce results, the political burden will inevitably fall on President Lee and his party in the April 12, 2028 general election. A Nov. 2 poll by Vision Korea found 58.8% of respondents viewed Lee’s social media use negatively, compared with 36.2% positive.
South Korea's National Assembly passed the "fabricated indictment" special counsel bill on Nov 6, 167–1. The left-wing majority forced an end to the Conservative party's filibuster, and the Conservatives refused to vote. The counsel will investigate whether Yoon-era prosecutors… pic.twitter.com/JYHRfOIspF
The Justice Minister Nomination
Adding to the pressure, Lee has nominated Lee Yong-chul, commissioner of the Defense Acquisition Program Administration and a member of the president’s Seongnam circle, as justice minister. Under the Prosecution Service Act, the justice minister is the supreme supervisor of prosecutorial affairs and can direct the prosecution office chief on specific cases. If confirmed, Lee Yong-chul could legally order the dropping of charges in President Lee’s own cases, though politically such a move would be impossible.
The current controversy stems partly from the president’s focus on charge dismissal, which became entangled with the fabricated-indictment investigation when Democratic Party lawmakers formed a group advocating dismissal. The source suggests that launching the special prosecution without the charge-dropping language while approval ratings were high would have avoided the current political cost.