SEOUL, South Korea (AP) — Just a week into his term in office, South Korea’s new liberal President Lee Jae-myung moved against his ousted conservative predecessor, approving legislation to launch sweeping special investigations into Yoon Suk Yeol’s ill-fated imposition of martial law in December as well as criminal allegations surrounding his wife and administration.
The monthslong probes, which will involve hundreds of investigators under special prosecutors appointed by Lee, and inflame tensions with conservatives, as Yoon already faces an explosive carrying a possible death sentence.
Here’s a look at the bills approved at Tuesday’s Cabinet meeting, which Lee is expected to sign into law soon.
What the investigations are about
The three bills, overwhelmingly passed last week by the liberal-led legislature, call for independent investigations into Yoon’s hourslong martial law debacle; corruption and financial crime allegations against his wife; and the 2023 drowning death of a marine during a flood rescue operation, an incident Lee’s Democratic Party says Yoon’s government tried to cover up.
Earlier versions of the bills were rejected nine different times both by Yoon and by the caretaker government that took over following his impeachment on Dec. 14.
Lee, who won last week’s triggered by in April, ran on a platform of unity, promising not to target conservatives out of spite and vowing to ease political polarization. However, Lee called for deeper investigations into Yoon’s martial law enactment and allegations involving his wife, citing public demands for accountability.
For each of the three investigations, Lee will appoint a special prosecutor from two candidates nominated by his Democratic Party and a smaller liberal ally. The main conservative People Power Party, whose members largely boycotted last week’s National Assembly votes, denounced the laws for excluding them from the nomination process. Liberal lawmakers justified the move, citing the conservatives’ alleged ties to matters that will be investigated.
More than 570 investigators, including some 120 public prosecutors, can be assigned to assist with the inquiries. The special prosecutors are expected to be nominated and appointed in coming weeks, potentially allowing the investigations to begin as early as July.
Kang Yu-jung, Lee’s spokesperson, said the Cabinet’s approval of the bills reflects public demands to “seek accountability for the rebellion attempt and restore constitutional order.”
“It also carries the meaning of recovering the National Assembly’s legislative authority, which had been repeatedly blocked by presidential vetoes,” she said.
Why the investigations can be explosive
Public prosecutors in Seoul already in January on charges of masterminding a rebellion and enacting martial law as an illegal bid to seize the legislature and election offices and arrest political opponents. Liberals insisted into Yoon are still essential, saying probes by prosecutors, police and an anti-corruption agency were inadequate and hampered by Yoon’s refusal to cooperate.
Yoon’s case will now likely be transferred to the special prosecutor, who will be authorized to expand the existing investigation, including whether he and senior military leaders deliberately sought to provoke North Korea in order to create a crisis that could justify declaring martial law at home.
Yoon’s martial law decree on Dec. 3, which after a quorum of lawmakers pushed past a blockade of hundreds of heavily armed soldiers to revoke it, came amid heightened inter-Korean tensions, marked by monthslong North Korean flights of trash-laden balloons and South Korean loudspeaker broadcasts at the border.
The special prosecutor could also expand the investigation to include PPP lawmakers over suspicions that party leaders tried to obstruct the vote to lift Yoon’s martial law, by directing lawmakers to attend an emergency party meeting, instead of the main chamber session. This is almost certain to provoke a fierce reaction from conservatives, already in disarray after Yoon’s self-inflicted political downfall.
Yoon’s wife, Kim Keon Hee, faces multiple corruption allegations, including claims that she received luxury items from a Unification Church official seeking business favors, as well as possible involvement in a stock price manipulation scheme. Kim is also suspected of interfering with PPP candidate nominations ahead of legislative elections in April last year, but has yet to be summoned by law enforcement authorities. While in office, , denouncing them as baseless political attacks.
What’s happening with Lee’s own legal troubles
PPP leaders accuse Lee’s government of using its legislative majority to target conservatives – and also shield the presidency from Lee’s own legal troubles. Lee faced five separate trials on corruption and other charges, but in three cases where hearings had begun, the courts postponed proceedings until after the election.
While South Korea’s constitution prevents a sitting president from being prosecuted for most crimes aside from rebellion and treason, it does not clearly state whether that protection extends to criminal charges filed before taking office, leaving room for judicial interpretation.
The Democrats, who hold 170 of the 300 National Assembly seats, are pushing to revise the criminal procedure law to suspend all ongoing criminal trials involving a sitting president until the end of their terms – a move PPP leader Kim Yong-tae called a “distorted” attempt to “bulletproof” Lee’s presidency.
“Becoming president does not erase (Lee’s) crimes. Suspending trials do not make the crimes disappear,” Kim said Tuesday, calling for the Democrats to scrap the bill. “This would be a declaration that power would stand above the law.”
Two different courts this week handling Lee’s cases — on allegations of violating election laws and granting illicit favors to private investors during dubious development projects while he was mayor of Seongnam — decided to suspend the trials indefinitely, citing their interpretations of the constitution.
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