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South Korea probes 'fabricated indictments' in explosive political inquiry

A high-stakes inquiry accuses prosecutors of weaponizing justice. Could this rewrite South Korea's legal—and political—future?

The image shows an old book with the title "Reports of Select Cases in the Courts of...
The image shows an old book with the title "Reports of Select Cases in the Courts of Westminster-Hall, also the Opinion of John Lord Fortescue" printed on the cover. The book is open, revealing a page with text written in black ink.

South Korea probes 'fabricated indictments' in explosive political inquiry

South Korea’s National Assembly has launched a parliamentary inquiry into what the ruling Democratic Party (DP) calls 'fabricated indictments' against key political figures. The probe, titled National Assembly Investigation into Alleged Fabricated Indictments by Political Prosecutors Under the Yoon Suk Yeol Administration, centres on cases involving President Lee Jae-myung and former lawmaker Keum Tae-sup. The move has sparked debate over judicial independence and the separation of powers.

The inquiry targets two major cases: the Ssangbangwool remittance scandal and the Daejang-dong development corruption case. In the Ssangbangwool matter, the Supreme Court has already issued a final ruling on the first issue concerning Lee Hwa-young’s guilt. Any withdrawal of charges would now only apply to the second issue, which directly involves President Lee. Meanwhile, the Daejang-dong case has seen guilty verdicts at the trial court level, meaning any challenge would require overturning existing judicial decisions.

The DP claims the parliamentary probe uncovered flaws in the prosecutions against Lee and argues that public consensus now supports dropping the indictments. However, critics warn that questioning court rulings could lead to judges being summoned before lawmakers to justify their decisions. This would mark an unprecedented step, blurring the line between legislative and judicial authority. The ruling camp has stated it will not seek retrials or presidential pardons to cancel indictments. Instead, some advocates propose introducing a constitutional complaint system as part of broader judicial reforms. Yet, correcting what the DP describes as 'fabricated indictments' would ultimately require challenging legally binding court judgments—a process that remains legally and politically contentious.

The inquiry raises questions about how far lawmakers can go in reviewing active criminal cases. If the National Assembly proceeds with demands to cancel prosecutions already before the courts, it risks clashing with the principle of judicial independence. The outcome could set a precedent for how political disputes over legal cases are handled in the future.

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