People Power Party Representative Jang Dong-hyeok is deep in thought during the Supreme Council meeting held at the National Assembly on the 6th. [Photo=Yonhap News]

People Power Party (PPP) Representative Jang Dong-hyeok has defined the relationship between the National Election Commission (NEC) and the Democratic Party of Korea (DPK) as one of "accomplices," asserting that the PPP must hold the right to recommend a special prosecutor for the June 3 suffrage deprivation incident. As the DPK has signaled the submission of a special counsel bill for the NEC, the clash between the ruling and opposition parties over the right to recommend the special prosecutor is intensifying.

On his Facebook page on the 6th, Representative Jang recalled the controversy over the NEC’s restriction of expressions during the 2020 general election, stating, "They wouldn't allow 'failure of people's livelihoods' on banners, but allowed 'eradicating pro-Japanese remnants.'" He further criticized the NEC, adding, "During the 2021 by-elections, they even banned words like 'hypocrisy, incompetence, and double standards,' claiming it was because they reminded people of a specific political party."

During the 2020 general election, the NEC was embroiled in a controversy over fairness regarding whether to allow the phrase "Eradicate pro-Japanese remnants in 100 years through voting." Critics pointed out that while it restricted the phrase "failure of people's livelihoods," which could be interpreted as opposition-leaning, it permitted "eradicating pro-Japanese remnants," which could be interpreted as pro-government.

However, after the controversy grew, the NEC held a plenary meeting and clarified its criteria to disallow all phrases that could influence an election, including "failure of people's livelihoods," "eradicating pro-Japanese remnants," and "eradicating accumulated evils."

The problem is that this controversy repeated itself during the April 7, 2021 by-elections.

At the time, when the PPP inquired whether it could use the vote-encouragement phrase "Voting defeats hypocrisy, incompetence, and double standards," the NEC decided it was impermissible on the grounds that it could easily be associated with a specific party or candidate. The opposition party strongly protested, stating, "The NEC has effectively admitted that the Democratic Party is a party defined by hypocrisy, incompetence, and double standards."

This time, Representative Jang went beyond the controversy over expression restrictions and targeted the relationship between the NEC and the DPK itself.

He remarked, "That 'specific party' even tried to create a law to send people to prison for 10 years for criticizing the NEC." This appears to refer to the controversy surrounding the Referendum Act amendment that passed the National Assembly standing committee under the lead of the DPK last February.

At the time, the amendment included a clause that could impose up to 10 years of imprisonment for continuously spreading false information regarding election management procedures, such as early voting and vote counting, if it obstructed election management duties. As the controversy grew, the DPK removed the punishment clause before it could be presented to the plenary session.

Representative Jang also mentioned the Board of Audit and Inspection's (BAI) audit of the NEC and the allegations of preferential hiring of children of high-ranking NEC officials.

When the allegations of preferential hiring surfaced in 2023, the NEC refused the BAI's job audit on the grounds that it is an independent constitutional institution. Since then, this issue has turned into a power struggle between constitutional institutions over the NEC’s independence, external oversight, and the scope of permissible audits.

Representative Jang stated, "They took the lead in blocking the BAI's audit of the NEC under the pretext of it being a 'constitutional institution,' and were busy shielding it when the family hiring scandal broke out, calling it 'destabilizing Noh Tae-ak'." He then argued, "Anyone can see that this is an 'accomplice relationship,' and that Lee Jae-myung, the Democratic Party, and the NEC are in the same boat."

The core issue is the right to recommend a special prosecutor.

While the DPK has signaled the submission of a special counsel bill regarding the lack of ballots in the June 3 local elections, it is opposing the PPP's request for the exclusive right to make recommendations. Conversely, the PPP maintains that since there is a structural conflict of interest between the NEC and the DPK, the DPK must be excluded from the special counsel recommendation process.

Representative Jang said, "This is also why the Democratic Party cannot give up the right to recommend the special prosecutor."

He emphasized, "That is all the more reason why the People Power Party must recommend the special prosecutor," adding, "because this isn't something that ends with just investigating the NEC." He further asserted, "Now is the time to dismantle the 'election cartel,' which is the root of all evil."

The PPP and civil society argue that the June 3 suffrage deprivation incident cannot be seen simply as an accident involving a shortage of ballots. They contend that the shortage of ballots, the suspension of voting, the management of reserve ballots, records of ballot box transport and storage, and the chain of custody during the vote-counting process must all be subject to verification.

There is also growing demand for a special prosecutor with the power to conduct compulsory investigations, as the NEC’s internal investigations or parliamentary probes have clear limitations.

While the DPK does not deny the necessity of a special prosecutor, its stance is that it cannot hand over the recommendation power to the PPP.

However, the PPP believes that the moment the DPK holds the right to recommend the special counsel, the edge of the investigation will remain limited to the inside of the NEC and will not be able to extend to the political and institutional sectors as a whole.

Ultimately, this conflict is not about whether to have an NEC special counsel, but boils down to who recommends the counsel and how far the investigation will reach.

Representative Jang’s remarks are close to a political declaration that he will expand the scope of the NEC special counsel from the "ballot shortage incident" to the "dismantling of the election cartel."

Representative Jang said, "Don't drag it out with talk of third-party recommendations," adding, "The public is already seeing right through it." The controversy over the right to recommend the special prosecutor is now becoming the first battleground that will determine the direction of the truth-finding process for the June 3 suffrage deprivation incident.