Questions arise over constitutionality, conflict of interest in special counsel probe design

The Korea Times - Nov 9, 2026

A special counsel law passed by the National Assembly on Friday is drawing questions over conflicts of interest and whether its investigative powers are consistent with the government’s prosecution reforms. The legislation calls for an investigation into allegations that prosecutors and other state agencies fabricated evidence or brought politically motivated charges under former President Yoon Suk Yeol. Its 12 areas of investigation include cases involving President Lee Jae Myung, including alleged election law violations, involvement in development scandals and illicit money transfers to North Korea. An earlier version of the bill, introduced by the ruling Democratic Party of Korea (DPK) in April, would have allowed the special counsel to take over pending prosecutions and decide whether to maintain them, prompting opposition accusations that it was designed to clear Lee of criminal charges. As Lee asked lawmakers in September to remove the provision, the DPK came up with a revised version to drop it. But the appointment process remains contentious. Each of the three parties — the D

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