Prosecutor Park Sang-yong [Photo=Yonhap News]

Prosecutor Park Sang-yong posted an article on Facebook early on the 1st titled, "This Special Prosecutor Act is the Granting of 'Extraterritoriality' for a Specific Power." 

In this post, he pointed out that it is difficult to simply call it a special "prosecutor," as the prosecutor in this special prosecutor system is too vast and possesses excessively powerful authority to be considered merely a prosecutor investigating a specific case. 

He further criticized, "As long as it is related to the target case, it can receive all ongoing investigations and investigate and indict them (no separation of investigation and prosecution)." He also added, "It can receive all ongoing trials and not only withdraw indictments but also withdraw appeals and final appeals." This, he noted, is far stronger than the so-called 'Marine Corps Special Prosecutor' case.

While trials can be handled by the special prosecutor, he also pointed out that the special prosecutor can direct existing trial prosecutors, and since these prosecutors are not included in the special prosecutor's authorized strength, direction is possible infinitely. 

Prosecutor Park stated, "The prosecution currently has no Prosecutor General, but even if it did, it would be nothing compared to this special prosecutor." He continued, "If ordered to hand over cases, they must be transferred; if ordered to dispatch prosecutors, they must be sent; and regarding trial prosecutors handling related cases, if the special prosecutor decides to direct them, the directing authority of the acting Prosecutor General is completely revoked, and they must follow the special prosecutor's directives." This implies that even the highest leader of prosecutors is less influential than a single special prosecutor. 

He also argued, "While the withdrawal of indictments for the North Korean remittance case and the Daejang-dong case is also anticipated, the case where the special prosecutor's directive authority over existing prosecutors is expected to be immediately invoked is the Lee Hwa-young 'Salmon Alcohol Party' parliamentary perjury case."

Below is the full text of Prosecutor Park Sang-yong's Facebook post. 

This Special Prosecutor Act is the Granting of "Extraterritoriality" for a Specific Power.

It is difficult to simply call this special prosecutor a "special prosecutor." 

This is because it is too vast and possesses excessively powerful authority to be considered a prosecutor investigating a specific case. 

As long as it is related to the target case, it can receive all ongoing investigations and investigate and indict them (no separation of investigation and prosecution). It can receive all ongoing trials and not only withdraw indictments but also withdraw appeals and final appeals (far stronger than the so-called 'Marine Corps Special Prosecutor' case). 

Furthermore, while trials can be handled by the special prosecutor, they can also direct existing trial prosecutors, and since these prosecutors are not included in the special prosecutor's authorized strength, direction is possible infinitely. 

The prosecution currently has no Prosecutor General, but even if it did, it would be nothing compared to this special prosecutor. If ordered to hand over cases, they must be transferred; if ordered to dispatch prosecutors, they must be sent; and regarding trial prosecutors handling related cases, if the special prosecutor decides to direct them, the directing authority of the acting Prosecutor General is completely revoked, and they must follow the special prosecutor's directives. Even the highest leader of prosecutors is less influential than a single special prosecutor. 

While the withdrawal of indictments for the North Korean remittance case and the Daejang-dong case is also anticipated, the case where the special prosecutor's directive authority over existing prosecutors is expected to be immediately invoked is the Lee Hwa-young 'Salmon Alcohol Party' parliamentary perjury case. 

Existing prosecutors actively pursued indictment maintenance and evidentiary activities, such as filing motions to recuse if trials were conducted unfairly. However, under the special prosecutor's direction, they would not be able to do so. 

If, in a jury trial, prosecutors instead strive hard to achieve an acquittal by withholding evidence or failing to fulfill their burden of proof, it will be difficult for the trial to result in an acquittal. 

Alternatively, the trial could be postponed until after the special prosecutor's investigation. The defense might also withdraw their request for a jury trial in coordination with the special prosecutor. Even the trials are at their discretion. 

As such, this Special Prosecutor Act is not a law that temporarily creates a special "prosecutor" who acts as a prosecutor for a specific case within the South Korean criminal justice system. It is reasonable to view it as a law that creates a "special criminal justice system" above the South Korean criminal justice system. 

Extraterritoriality refers to "the privilege of not adhering to the laws of the country, even while being within it." Through the Treaty of Ganghwa in the late Joseon Dynasty, the Japanese enjoyed the privilege of being tried under Japanese law by their consul, even if they committed crimes in Joseon, rather than adhering to Joseon law. 

Due to this Special Prosecutor Act, criminal cases related to specific individuals and specific powers are no longer bound by the South Korean criminal justice system. Now, in court, instead of a prosecutor acting as a formidable opponent, a private prosecutor, who does not receive directives from the Prosecutor General, emerges to care for and guide the defendant's case favorably. 

Currently, which citizen of South Korea can enjoy such rights even after committing a crime? While all citizens are investigated and tried by a Public Prosecutor, someone has their own Private Prosecutor, appointed by themselves, lead the trial favorably. A privilege has emerged where one does not have to adhere to the South Korean criminal justice system. 

Therefore, this Special Prosecutor Act is a law that grants specific individuals and specific powers "extraterritoriality" that allows them to disregard South Korean criminal law while within South Korea. A special criminal justice system for specific individuals and specific powers, unprecedented in the history of the South Korean constitution, has been established. 

It took only about 30 years for Joseon to fall after the Treaty of Ganghwa until the annexation of Korea, without a single war in 500 years. At the time of the signing of the Treaty of Ganghwa, no one in Joseon would have imagined that the annexation would occur. However, in an instant, the Korean people were reduced to second-class subjects of the empire. 

Is this Special Prosecutor Act so different from the situation of ordinary citizens? No. The collapse of the rule of law and the emergence of exceptions to equality before the law have a fatal impact on the lives of citizens. Will not other powers in the future want to possess such extraterritoriality? Naturally, they will desire it, and it will become the new normal. At that time, ordinary citizens will have already been reduced to second-class citizens. 

With the addition of 12 members, including Supreme Court justices, it seems that the legislative, judicial, and executive branches will be completely dominated. It is utterly shocking that the National Assembly, which should be creating laws for the rule of law on behalf of the people, is engaging in such actions. 

Now, what is it that power cannot do? It is sad and distressing.