With the June 3 local elections and by-elections wrapped up, the rival parties are expected to launch an "legislative war" in the National Assembly. The Democratic Party of Korea has signaled legislation for what is called President Lee Jae-myung's "three laws to resolve legal risk": "prosecution cancellation," "abolition of prosecutors' supplementary investigation authority," and "deletion of the crime of breach of trust." The People Power Party made clear its opposition, calling it a "legislative rampage that shakes the judicial system."
◇ Democratic Party pushes in earnest for the "three laws to resolve legal risk"
Starting with the election of the National Assembly leadership on the 5th, the Assembly will begin in earnest to form its latter-half standing committees. Lawmaker Cho Jeong-sik, nominated by the Democratic Party, is set to become speaker. The party plans to finish forming the committees within this month and proceed in earnest with legislating the "three laws to resolve legal risk." To that end, the Democratic Party is expected in particular to take the chair of the Legislation and Judiciary Committee.
Earlier, floor leader Han Byung-do of the Democratic Party said after winning another term last month, "Multiple testimonies have emerged about the political and illegal acts of Yoon Suk-yeol's political prosecutors, so a special counsel is needed for the fabricated indictments," adding, "We will review it after the local elections." He went on, "We must also wrap up the issue of supplementary investigation authority through revising the Criminal Procedure Act," and said, "We will speed up legislation enough to call it a legislative war."
The Democratic Party is pushing a "special counsel act on cancellation of prosecution" that could nullify the indictments themselves in cases for which President Lee Jae-myung has been brought to trial, including the Daejang-dong allegations. After receiving a state affairs performance report from the Supreme Prosecutors' Office at a Cabinet meeting on the 2nd, the president said, "We must not fall into the trap of infallibility," and "If it is wrong, apologize and cancel it." That prompted interpretations that the president had in mind canceling the prosecution in his own cases.
The Democratic Party is also pushing legislation to delete from the Criminal Act the crime of breach of trust, a main charge in the cases for which President Lee Jae-myung has been indicted. If such legislation is enacted, the Daejang-dong allegations and others would become time-barred, effectively leading to acquittal. The presidential office announced on the 20th of last month, "Abolition or easing of the crime of breach of trust is the president's firm position." Before the local elections, the Ministry of Justice had already prepared a draft of the "Special Act on the Punishment of Property Management Crimes," an alternative to the crime of breach of trust under the Criminal Act and the Commercial Act, and completed reporting it to the presidential office. The Democratic Party's "Task force on rationalizing economic criminal penalties and civil liability (TF)" is expected to receive a briefing on the bill from the Ministry of Justice soon and push legislation in consultation with the ruling party's policy committee.
In addition, the Democratic Party is pushing an amendment to the Criminal Procedure Act to abolish prosecutors' authority to conduct supplementary investigations. With less than four months left until the Prosecution Service Office and the Serious Crimes Investigation Agency open on Oct. 2, speeding up the amendment to the Criminal Procedure Act is necessary. The prosecution reform task force under the Prime Minister's Office is expected to report the newly prepared amendment to the party leadership soon.
◇ People Power Party: "Cancellation of prosecution is a judicial massacre" "Abolishing breach of trust is erasing Lee's trial"
The People Power Party made clear its opposition to the "three laws to resolve legal risk." Joo Jin-woo, a lawmaker and chairperson of the People Power Party's special committee to block the special counsel act on cancellation of prosecution, said at the committee's first meeting on the 19th, "Although the push for the special counsel act on cancellation of prosecution to eliminate President Lee Jae-myung's own trial has been temporarily halted, it will certainly be pursued right after the election," adding, "Prices, the exchange rate, and livelihoods are difficult now, but eliminating his own trial has become the highest priority of state affairs."
Earlier, leader Jang Dong-hyuk said at a supreme council meeting on the 11th of last month, "Dismantling the prosecution, destroying the courts, and canceling prosecutions by Lee Jae-myung is beyond judicial murder; it is a judicial massacre," adding, "Lee Jae-myung calls it 'judicial murder' because his own crimes were investigated." Jang also said at a meeting of the central election committee on the 20th of last month, "Abolishing the crime of breach of trust itself is, by any measure, erasing Lee Jae-myung's trial."
A National Assembly official said, "With the local elections over, the Democratic Party will try to handle the contentious bills it had put on hold," adding, "If the contentious bills are brought to the Assembly's plenary session under the Democratic Party's lead, a 'filibuster (lawful obstruction of proceedings through unlimited debate) landscape' will unfold again as the People Power Party pushes back."