Special Counsel Bill Deepens Partisan Rift Over Lee's Suspended Trials

South Korea's National Assembly has passed a bill to appoint a special counsel to investigate allegations that prosecutors, intelligence officials, and state auditors abused their power to target political opponents under former President Yoon Suk Yeol. The legislation is now awaiting final Cabinet approval, but it has already intensified one of the most contentious disputes in the country's politics: whether it is designed to help President Lee Jae Myung escape criminal charges.

The Democratic Party of Korea, which controls the legislature, argues that an independent investigation is needed to expose fabricated evidence, false testimony, and unlawful practices used to indict liberal politicians. The main opposition People Power Party contends the bill is a thinly veiled effort to undermine the cases against the president and has responded with calls for his impeachment.

The justice minister nomination fueling suspicions

The debate sharpened after Justice Minister nominee Lee Yong-cheol said he would handle calls to drop charges against the president in accordance with the law and principles. The remark contrasted with his predecessor, Jung Sung-ho, who had said the decision belonged to prosecutors, not the minister.

Lee Yong-cheol is a longtime associate of President Lee. He worked at the same law firm as the president, joined his transition team after Lee was elected mayor of Seongnam in 2010, and later led the Seongnam Industry Promotion Foundation. The opposition has described him as a hidden architect of the Daejang-dong development project and accused the president of selecting him to turn the Ministry of Justice into a personal defense team.

What the special counsel would examine

The special counsel would review the prosecution's handling of 12 cases, six of which involve allegations against President Lee from his time as mayor of Seongnam and governor of Gyeonggi Province. Those cases include the Daejang-dong property development scandal, allegations that underwear manufacturer Ssangbangwool made illicit payments to North Korea on his behalf, and accusations that he misused a provincial government credit card for personal expenses.

The remaining cases relate to alleged misconduct by officials during the 2017-2022 Moon Jae-in administration, including the manipulation of government statistics and the response to the killing of a fisheries official by North Korean troops.

Why the president's trials are suspended

Lee's criminal trials were automatically suspended when he took office in June 2025 under Article 84 of the Constitution, which shields a sitting president from criminal prosecution except for insurrection or treason. The special counsel bill does not explicitly authorize the cancellation of existing charges, but its findings could still shape what happens when the cases eventually resume.

If the investigation concludes that evidence was fabricated or testimony was unreliable, the president's lawyers could use those findings to challenge the charges. The findings would not automatically end the cases, but they could weaken the prosecution's position and increase political pressure to drop the indictments.

Opposition vows to fight

People Power Party leader Jang Dong-hyeok has been vocal in his criticism. At a rally outside the presidential office, he called the legislation a law aimed at helping Lee avoid prison and accused the president of abusing his power for personal gain. Other opposition figures have warned that such abuse could lead to impeachment proceedings.

The ruling party, meanwhile, insists the bill is about restoring accountability and trust in state institutions. It says the public has a right to know whether law enforcement was weaponized for political purposes under the previous administration.

What comes next

The bill is expected to receive Cabinet approval on Tuesday, the final step before it is promulgated. Once in force, the special counsel investigation will proceed amid a deeply polarized political environment and ongoing questions about the independence of the justice system.

The outcome will have lasting consequences not only for President Lee's legal future but also for the balance of power between South Korea's executive branch, its prosecutors, and its legislature.