Latest information on the three special prosecutors’ laws (the Internal Affairs Special Prosecutor’s Act, the Kim Gun-hee Special Prosecutor’s Act, and the Chae Sang-byung Special Prosecutor’s Act)

Key Special Prosecutor Bills Pass National Assembly

As of June 5, 2025, all three “Special Prosecutor Bills” (the Insurrection Special Prosecutor Bill, the Kim Keon-hee Special Prosecutor Bill, and the Chae Sang-byeong Special Prosecutor Bill), primarily initiated by the Democratic Party of Korea, have passed the plenary session of the National Assembly. These bills, previously vetoed and scrapped during former President Yoon Suk-yeol’s tenure, have been reintroduced and successfully passed since the opening of the 22nd National Assembly.

It is widely anticipated that current President Lee Jae-myung is unlikely to exercise his veto power (right of reconsideration) over these special prosecutor bills. Consequently, the appointment process for special prosecutors is expected to proceed, leading to the commencement of full-scale investigations.

Here’s a breakdown of the key provisions for each special prosecutor bill:

1. Insurrection Special Prosecutor Bill (Bill on the Appointment of a Special Prosecutor Regarding Allegations of the December 3 Emergency Martial Law Proclamation)

• Scope of Investigation: This bill broadly covers suspicions of crimes by former President Yoon Suk-yeol and related individuals, including insurrection, external disturbance, military rebellion, and conspiracy to commit murder for the purpose of insurrection, all related to the emergency martial law proclamation on December 3, 2024. The investigation will comprehensively include existing prosecutorial, Corruption Investigation Office for High-ranking Officials (CIO), and police investigation findings.
• Special Prosecutor Appointment: The Democratic Party of Korea and the Rebuilding Korea Party will each recommend one candidate for special prosecutor, from whom President Lee Jae-myung will appoint one.
• Background: The bill aims to uncover the truth behind the emergency martial law declaration by former President Yoon Suk-yeol on December 3, 2024. Although the declaration was withdrawn due to opposition from the National Assembly and the public, the bill seeks to clarify the illegality of the process and the responsibility of those involved.

2. Kim Keon-hee Special Prosecutor Bill (Bill on the Appointment of a Special Prosecutor for Fact-Finding on State Affairs Manipulation and Illegal Election Intervention Cases Involving Kim Keon-hee, Myeong Tae-gyun, and “Geonjin-beopsa”)

• Scope of Investigation: This includes various allegations of state affairs manipulation and illegal election intervention, such as First Lady Kim Keon-hee’s suspected involvement in the Deutsch Motors stock manipulation, allegations of receiving luxury bags, suspected intervention in the presidential election, and alleged ties to “Geonjin-beopsa” (a spiritual advisor).
• Special Prosecutor Appointment: Similar to the Insurrection Special Prosecutor Bill, the Democratic Party of Korea and the Rebuilding Korea Party will each recommend one candidate, from whom President Lee Jae-myung will appoint one.
• Background: This bill was pursued to ascertain the truth behind various allegations surrounding First Lady Kim Keon-hee through an independent special prosecutor’s investigation, aiming to address criticisms of insufficient prosecutorial investigation. Similar special prosecutor bills were proposed in the past but were rejected by former President Yoon Suk-yeol’s veto.

3. Chae Sang-byeong Special Prosecutor Bill (Bill on the Appointment of a Special Prosecutor for Fact-Finding on Obstruction of Investigation and Concealment of Facts in the Case of Deceased Marine Corporal Chae Sang-byeong)

• Scope of Investigation: This bill focuses on allegations of external pressure and cover-up during the investigation into the death of Marine Corporal Chae Sang-byeong, particularly the truth behind the “VIP’s outrage” theory. It also investigates the involvement of high-ranking officials from the Ministry of National Defense and the Presidential Office, as well as accusations of abuse of power and professional negligence against those involved.
• Special Prosecutor Appointment: The Democratic Party of Korea and the Rebuilding Korea Party (the largest non-negotiating group) will each recommend one candidate for special prosecutor, from whom President Lee Jae-myung will appoint one.
• Background: The bill was proposed amidst growing calls for truth-finding and accountability following allegations of investigative interference by the Ministry of National Defense and the Presidential Office in the case of Marine Corporal Chae Sang-byeong, who died during a search operation for flood victims. This bill was also previously vetoed by former President Yoon Suk-yeol.

Future Outlook

With all three special prosecutor bills having passed the National Assembly’s plenary session, full-scale special prosecutor investigations are expected to commence once President Lee Jae-myung promulgates them. Each special prosecutor bill stipulates that “media briefings on the investigation process, excluding details of the suspect, can be held to ensure the public’s right to know,” meaning that the progress of these investigations will be disclosed to the public in relatively comprehensive detail. This is anticipated to send significant ripples through the political landscape.

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