The ‘National Action Against the Special Prosecutor Act for the Withdrawal of Charges for Lee Jae-myung’ held a large-scale rally in front of the Pagoda Tower near Gangnam Station in Seoul on Monday, May 25th, at 2 PM. 

There are significant concerns within the legal community regarding the bill proposed by the Democratic Party of Korea on April 30th, which concerns the "performance of duties to determine whether a special prosecutor should continue prosecution." This provision is feared to effectively grant the special prosecutor the authority to withdraw charges, raising concerns about the infringement of judicial independence and violations of the Constitution. 

Most notably, the proposed special prosecutor act for the withdrawal of charges targets 12 cases, including the case involving Lee Jae-myung. In response, patriotic conservative right-wing civic groups are holding opposition rallies every weekend regarding this matter. 

"Whether wealthy or poor, all must be equal before the law."

Following the large-scale rally held by the ‘National Action Against the Special Prosecutor Act for the Withdrawal of Charges for Lee Jae-myung’ in front of the Pagoda Tower near Gangnam Station in Seoul on Monday the 25th at 2 PM, further rallies are scheduled for Sunday the 31st and Sunday, June 7th, at the same location.

Oh Sang-jong, representative of the Freedom Republic Group 

Lee Hee-beom, representative of the Freedom Solidarity 

Seo Guk-il, representative of the Mincho Gyeolsadae 

At the rally opposing the ‘Special Prosecutor Act for the Withdrawal of Charges for Lee Jae-myung’ held last Monday, Oh Sang-jong, representative of the Freedom Republic Group, stated, "If this special prosecutor act is enacted, the rule of law itself in the Republic of Korea will collapse," and added, "We planned this event with the intention of preventing this movement by any means necessary."

At the event, emceed by Kim Kwang-soo, Lee Hee-beom, representative of the Freedom Solidarity, emphasized, "Whether one has much or little, whether one has power or not, all must be equal before the law." He raised his voice, saying, "Someone who should be in prison is currently the president, while people who should not be in prison are incarcerated."

He further asserted, "We must protect this country, which is at its end and in disarray. If the people who came out today appear two times, four times, or ten times next week, we can prevent the withdrawal of charges."

He argued that the public has reached the limit of their patience, stating, "Even with the Starbucks incident, any ordinary citizen with common sense cannot connect tanks with the May 18th Gwangju Uprising. Only Lee Jae-myung and his associates can connect the two." He then protested the political manipulation of the issue to intimidate a general corporation.

Finally, he criticized Lee Jae-myung for mentioning the arrest of Israeli Prime Minister Netanyahu, who is fighting alongside their ally, the United States, stating that such remarks invite international isolation.

Attorney Yoo Seung-soo, taking the microphone, pointed out, "If criminals are not punished, it means there are no police or courts in the Republic of Korea." He questioned, "Is it normal for the public to have to tread carefully while drinking coffee at a criminal's words? One actor (Jung Min-chan) was forced to withdraw from a musical after posting a Starbucks 인증샷 (verification shot)." 

He further stressed, "They are even attempting to amend the Constitution to prevent Lee Jae-myung alone from going to prison and to complete a dictatorship. Lee Jae-myung must stand trial."

"If the special prosecutor can do as they please, what is the need for laws or principles?"

Meanwhile, the legal community also harbors serious concerns about the Democratic Party's proposal for a special prosecutor act to withdraw charges. 

Attorney Yoo Seung-soo 

A legal professional who is a former high-ranking judge stated in a media interview, "To infiltrate the judiciary through the legislative power is an act that completely undermines the separation of powers. The idea that anything can be done, whether in the judiciary or the legislature, as long as it receives political support, is dangerous."

Another lawyer argued, "Transferring the final judgment from the court to a special prosecutor after charges have been filed is unconstitutional. If this is done, what is the need for laws or principles?"

The Criminal Procedure Act already contains provisions for the withdrawal of charges. The act of a different entity, the special prosecutor, withdrawing charges, rather than adhering to these provisions, is itself a violation of the rule of law.

A lawyer from a law firm stated, "It is the principle that a prosecutor should maintain or withdraw charges only for the cases they have prosecuted. To withdraw charges for cases that were not prosecuted, deeming them unlawful or unjust, is an unprecedented and unconstitutional bill in our criminal justice system."

He added that there is a principle that withdrawal of charges is only possible before the pronouncement of the first instance judgment, stating, "This is to prevent arbitrary withdrawal of charges. Including cases where guilt was confirmed after a retrial following a Supreme Court remanding order, without going through the retrial process, is an attempt to break established principles through legislation."

Another lawyer commented, "If a special prosecutor effectively re-evaluates whether to continue prosecution for a charged case, who will ultimately bear responsibility for determining criminal liability? Laws should be general and abstract norms. The moment legislation is perceived as targeting a specific situation, trust in the rule of law rapidly crumbles."

A law school professor from a university argued, "The very creation of a special prosecutor act based on a parliamentary investigation committee with the intention of intervening in ongoing trials is unconstitutional. The ruling party utilizing the system to overturn investigations and change verdicts in their favor is contrary to the essence of the institution."

Legislation targeting specific cases and individuals is highly likely to infringe upon the right to equality, and by orchestrating investigations and trials, it infringes upon the judicial independence of the judiciary.

Another emeritus professor from a university law school questioned on Facebook, "If the staged prosecution is true, then achieving an acquittal in court is the righteous path. Why attempt to withdraw charges?"

The ‘National Action Against the Special Prosecutor Act for the Withdrawal of Charges for Lee Jae-myung’ is holding a street march after a large-scale rally in front of the Pagoda Tower near Gangnam Station in Seoul on Monday, May 25th, at 2 PM. ⒸHanmi Ilbo

By Reporter Im Yo-hee