Ballot boxes taken out of a polling station [Yonhap News photo]

Following the directive to form a joint investigation headquarters comprising prosecutors and police to clarify the truth behind the June 3 local election's "ballot shortage crisis," investigations targeting the election commission are set to intensify, Yonhap News reported. 

According to Yonhap News, while numerous officials from the election commission have been accused of dereliction of duty, proving intent will be crucial for any actual punishment to occur.

Lee Jae-myung stated on the 7th via X (formerly Twitter) regarding the ballot shortage issue, "I have ordered the formation of a joint investigation headquarters involving the prosecution and police to clarify accountability and thoroughly investigate the full scope of the incident."

Subsequently, the spokesperson's office of the Supreme Prosecutors' Office announced, "The prosecution will swiftly form a joint investigation headquarters of prosecutors and police regarding the issue that hindered citizens' right to vote during the June 3 local elections, and we will rigorously investigate the public's suspicions related to this incident through efficient investigation in close cooperation with the police."

Currently, the police have received complaints from civic groups, including the Committee for the People's Livelihoods, accusing election commission executives of dereliction of duty.

The Seoul Metropolitan Police Agency's Major Crimes Division, which was assigned the relevant cases, had planned to question the representatives of the Committee for the People's Livelihoods around 9:30 AM on the 8th.

A police official explained, "We were proceeding with the investigation according to procedure," adding that no practical contact between the prosecution and police regarding the joint investigation headquarters had yet occurred.

Personnel from both the prosecution and police who specialize in election cases, along with the police investigating the complaints, are expected to be dispatched to the joint investigation headquarters.

The Supreme Prosecutors' Office and the National Police Agency plan to initiate working-level consultations to discuss the location of the joint investigation headquarters and the scale of dispatched personnel.

Once the joint investigation headquarters is formed, it is anticipated that the prosecution, with its extensive experience in election case investigations, will take the lead.

However, given that the authority of the prosecution to initiate investigations into election crimes has been abolished since the launch of the Lee Jae-myung administration, the police may exclusively handle investigations into violations of election law other than dereliction of duty.

Previously, in the case of the joint investigation headquarters formed to probe corruption allegations between schools and government, a similar structure was established with Kim Tae-hoon, a prosecutor from the Daejeon High Prosecutors' Office, heading the investigation.

With ongoing debates within the ruling party regarding the prosecution's supplementary investigation powers, the activation of successive joint investigation headquarters could also impact these discussions.

Legal circles suggest that to assign legal responsibility for the ballot shortage crisis, proving the "intent" of election commission officials will be key.

During the investigation, it must be proven that election commission officials intentionally printed fewer ballots to obstruct voters' ability to cast their ballots for charges of dereliction of duty to be applicable.

Conversely, if the investigation reveals that election commission staff were incompetent or negligent in their duties, it is widely believed that criminal charges would be difficult to pursue, Yonhap News reported. 

A prosecution official told Yonhap News, "Intentional acts of obstructing voting can be punished, but simple negligence of duty cannot be considered a subject for criminal punishment," forecasting, "Understanding the decision-making process the election commission followed to determine the ballot printing ratio will be the core of the future investigation."