Multiple interpretations are emerging in politics over why the Democratic Party of Korea does not prefer a "third-party nomination system" in talks on a "Unification Church special counsel." Analysts say structural distrust of the judiciary, accumulated trauma from past special counsels within the Democratic Party, and the current leadership's political interests are working in combination.
Talks between the ruling and opposition parties over the "Unification Church special counsel act" to investigate allegations that the Unification Church provided funds to politicians are gaining rapid momentum. The Democratic Party and the People Power Party each introduced a special counsel bill and are set to begin full-fledged negotiations over the scope of the probe and how to nominate the special counsel. The People Power Party, together with the Reform Party, introduced the Unification Church special counsel bill on the afternoon of the 23rd.
The biggest sticking point is whether the Democratic Party will accept a "third-party nomination system." Of the 16 special counsels to date, the Korean Bar Association exercised nomination rights six times, and the chief justice nominated candidates four times. Since the Lee Myung-bak administration's "Naegok-dong private residence land purchase allegations special counsel," it has effectively become customary for the political parties to exercise the nomination rights.
By contrast, the People Power Party and the Reform Party have put the third-party nomination system at the forefront for this Unification Church special counsel. Under the special counsel bill introduced that day, the head of the National Court Administration would recommend two candidates, and the president would appoint one of them. People Power Party senior spokesperson for floor affairs Gwak Gyu-taek said, "Because the special counsel will have to investigate figures in politics, it is not appropriate for the political world—whether the ruling party or the opposition—to be involved in selecting the special counsel."
The Democratic Party, on the other hand, is sticking to a system in which the ruling and opposition parties each recommend one candidate for special counsel, instead of a third-party nomination. The biggest reason the party is reluctant about third-party nominations is the perception that "there is no institution it can trust to hand this over to." There is strong sentiment that a plan proposed by the opposition to have the Supreme Court or the National Court Administration recommend candidates is unacceptable.
Since the Supreme Court's remand ruling related to President Lee Jae-myung, the Democratic Party has openly expressed distrust of the judiciary, including Chief Justice Jo Hee-de. Some in the party are even raising the possibility of impeachment, questioning the Supreme Court's political neutrality. In this situation, the party says it is hard to accept a structure in which the judiciary is involved in recommending special counsel candidates.
Within the Democratic Party, recommendations by the Korean Bar Association are also often dismissed as "out of the question." Behind this is the memory of the 2018 "Druking online comment manipulation case" special counsel. At the time, the bar association recommended four candidates, the three opposition negotiation blocs narrowed them down to two, and the president appointed one, launching the probe. The Democratic Party accepted the special counsel amid public pressure, but the investigation ultimately led to the detention of Kim Kyeong-soo, then the South Gyeongsang governor and a key figure in the then-ruling camp. A Democratic Party official said, "Since the Druking special counsel, there has been a solidified view within the party that a third-party nomination special counsel is a gamble with unpredictable outcomes."
Tensions between Floor Leader Kim Byung-kee, who is leading the special counsel talks, and an executive of the bar association are also a factor. Kim has recently been at odds with a bar association executive who formerly served on his staff. A political source said, "Because Kim and the bar association executive who used to be his aide are clashing, there are voices in the Democratic Party saying, 'There is no way we can accept the bar association's recommendation.'"
Still, there are forecasts that the Democratic Party will not be able to reject the third-party nomination system indefinitely. Public support for a Unification Church special counsel is high, and the presidential office has also called for a prompt special counsel. A political source noted, "With public interest in the Unification Church special counsel running high, if the Democratic Party rejects a third-party nomination system to the end, it could come across as defensive and passive."