What to expect from triple special probes targeting Yoon, wife

Korea Herald

4 days ago

South Korea is set to begin an unprecedented trio of special counsel investigations into former President Yoon Suk Yeol, his wife Kim Keon Hee, and the suspicious death of a Marine during Yoon's term. With President Lee Jae Myung's approval of three special counsel bills on June 10, the probes mark a significant escalation in efforts to address allegations that the previous administration was shielded from scrutiny.
Led by special prosecutors Cho Eun-suk, Min Joong-ki and Lee Myeong-hyeon, the probes are slated to begin as early as July after a mandatory 20-day preparation period ends on June 30. Nearly 600 personnel, including some 120 prosecutors, will be mobilized, making it the largest special counsel operation in South Korean history.
While the prosecution and police previously conducted investigations into the same matters, critics, including then-opposition Democratic Party of Korea lawmakers, accused those probes of being superficial and biased in favor of the former presidential couple. Those earlier efforts took place when Yoon was suspended from duty but still held office, pending a Constitutional Court ruling.
Unlike those probes, the special counsels operate independently from existing law enforcement and are designed to minimize political interference, aiming to restore public trust in state institutions. President Lee has framed the launch of the special counsels as a response to public demand for accountability and a reaffirmation of constitutional principles.
The triple probes could reshape South Korea's political landscape, potentially deepening partisan divides or prompting broader legal and institutional reforms, depending on their outcomes.
With the official launch of the special prosecutor investigation, previously separate investigations by the prosecution, police and the Corruption Investigation Office for High-ranking Officials will be consolidated under a single investigative body. The three, citing their respective jurisdictions, once vied for control over the investigation into Yoon after his martial law declaration in December 2024.
Though a joint investigative team was formed among the CIO, the Korean National Police Agency's National Office of Investigation, and the Defense Ministry, the prosecution was excluded.
This divide drew criticism from many people, citing a lack of credibility and fairness.
It was also considered to have provided Yoon with the grounds to reject interrogation by the CIO, and led to confusion between the prosecution and the CIO when calculating the then president's detention period, according to Lee Yun-je, a law professor at Myongji University.
'The special counsel bill allows the investigation team to bring all investigation records and evidence together in one place. The special prosecutor team is likely to gain momentum in investigating different allegations surrounding Yoon, with additional summons for questioning or a search and seizure operation based on the records,' the professor added.
Though Yoon was arrested by the CIO for interrogation in January, he remained silent and insisted that the CIO did not have jurisdiction to interrogate him.
The ousted president was indicted by the prosecutors without investigation in late January.
The police have also summoned Yoon for questioning three times since the Seoul Central District Court revoked his detention in mid-March. But the former president rejected the summons to appear for questioning over charges related to his short-lived martial law declaration.
Two other independent counsel teams, tasked to probe suspicions against the former first lady and Yoon's alleged interference in the investigation into the death of Cpl. Chae Su-geun will conduct their investigation in the single investigative body as well.
Public access to probes
Regular briefings on the investigation process will also be held.
According to the Special Prosecutor Act for the investigations on Yoon and his wife, the special prosecutor or assistant special prosecutor 'may brief the media on the investigation, excluding the details of the charges, to ensure the public's right to know."
This will enable the special prosecutor teams to share the outcomes of certain case proceedings to the public, including summons, searches and seizures, warrant requests, and others, similarly to the independent counsel probe into former President Park Geun-hye and her confidante Choi Soon-sil in 2016.
The Seoul Central District Court originally held Yoon's criminal trial hearings behind closed doors, citing Article 57 of the Court Organization Act. This stipulates that hearings may be closed to the public by court decision if there is 'concern that they could compromise national security, public order or violate good morals.'
However, the Special Prosecutor Act mandates that the trials and hearings for related cases must be public. It states that live broadcasting shall be permitted if a request is made by the special prosecutor or the defendant, unless there are special circumstances as well.
Changes for swift trials
All three special prosecutor bills stipulate that the cases, which were indicted or set to be taken over by the special counsels for continued prosecution, will proceed in non-military courts.
This means that the criminal trials of high-ranking military officials on insurrection charges, which were previously held in military courts, will now be conducted in the district courts.
Meanwhile, Yoon's criminal trial, which is currently being heard at the Seoul Central District Court, could be transferred to a different court. The Special Prosecutor Act allows the special prosecutor to merge ongoing cases with new related cases, which could be assigned to a different panel after indicting Yoon for different criminal charges.
According to the Special Prosecutor Act, the cases, which are indicted by the special prosecutors, shall be conducted promptly, taking precedence over other trials.