Lee Jae-myung Appoints Special Prosecutors Amid Controversy

On June 12, President Lee Jae-myung appointed former Seoul High Court Chief Justice Cho Eun-seok, former Seoul Central District Court Chief Judge Min Joong-ki, and former Chief Prosecutor Lee Myung-hyun to lead special investigations into national security, Kim Geon-hee, and military personnel cases, respectively. Cho and Min were recommended by the Democratic Party, while Lee was nominated by the Justice Reform Party. Cho, who served as an auditor during the Yoon Suk-yeol administration, has been a contentious figure due to his opposition to the current government. Min is known to be close to former Supreme Court Chief Justice Kim Myung-soo. Concerns have been raised in political circles regarding potential biases in their investigations, particularly given Cho's history of conflict with the Yoon administration, which could lead to accusations of retaliatory investigations.

President Lee notified the Democratic Party and the Justice Reform Party of these appointments later that night. Earlier that day, both parties had each recommended three candidates for the special prosecutor positions. The Democratic Party suggested Cho for the national security case, Min for the Kim Geon-hee case, and Professor Lee Yoon-je of Myongji University for the military personnel case. The Justice Reform Party nominated former Supreme Prosecutor's Office Inspector Han Dong-soo for the national security case, former Seoul Southern District Prosecutor Sim Jae-cheol for the Kim Geon-hee case, and Lee Myung-hyun for the military personnel case. According to the special prosecutor law, each party recommends one candidate, and the president appoints one from each party's recommendations.

The candidates recommended by the Democratic Party and the Justice Reform Party have all had contentious relationships with former President Yoon Suk-yeol during his tenure as Prosecutor General. All three—Cho, Han, and Sim—held significant positions in the Moon Jae-in administration. Min served as the head of the Seoul Central District Court for three years during Kim Myung-soo's term as Chief Justice. Professor Lee, a former prosecutor, was involved in the Ministry of Justice's reform committee during the Moon administration.

President Lee is required to appoint the special prosecutors within three days of receiving the recommendations, and he made the appointments on the same day. The special prosecutors are expected to begin their investigations in early July after a 20-day preparation period. A total of 120 prosecutors will be assigned to assist in these investigations, which are expected to be extensive and could last up to 170 days, targeting former President Yoon and members of the People Power Party.

The appointments of Cho and Min, both of whom are seen as having progressive leanings, have raised concerns about the impartiality of the investigations. Political analysts have noted that the credibility of the investigations hinges on their fairness, warning that personal biases could lead to perceptions of vindictive investigations against former President Yoon.

Among the candidates recommended by the Democratic Party and the Justice Reform Party, several have had contentious histories with former President Yoon. Han Dong-soo, who was appointed as the Inspector General in October 2019, had multiple confrontations with Yoon during his tenure. He testified against Yoon during a disciplinary committee led by then-Minister of Justice Choo Mi-ae in November 2020, making statements that were unfavorable to Yoon. After resigning in July 2022, he continued to criticize Yoon, alleging that Yoon had dismissed his reports and made controversial remarks during gatherings.

Sim Jae-cheol, nominated for the Kim Geon-hee case, was involved in a notable incident in January 2020, where he faced backlash for suggesting that former Minister of Justice Cho should be exonerated during a funeral gathering. After moving to the Ministry of Justice, he raised allegations regarding the 'judge surveillance' scandal, which implicated Yoon during his disciplinary proceedings. Sim also provided information on a document analyzing judges' tendencies to Han Dong-soo, which was later submitted to the Ministry of Justice's inspection office.

Cho Eun-seok, appointed for the national security case, left the prosecution after Yoon was appointed as Prosecutor General in 2019. He was later appointed as an auditor by former President Moon Jae-in in January 2022, just months before Moon's term ended. In 2023, he was involved in a dispute over the release of an audit report, claiming it was published without his approval.

Min Joong-ki, who will oversee the Kim Geon-hee case, is a key figure in the progressive judge group, the Our Law Research Association, and was a classmate of former Chief Justice Kim Myung-soo at Seoul National University. He served as the head of the Seoul Central District Court for three years, a rare extension during Kim's tenure. Min previously led an investigation into allegations of a judicial blacklist, which ultimately concluded that the claims were unfounded.

Lee Myung-hyun, appointed for the military personnel case, has a background as a military legal officer and previously investigated allegations of military service fraud involving the son of former Grand National Party leader Lee Hoi-chang. Democratic Party spokesperson Noh Jong-myeon expressed concerns about potential political retaliation in relation to the special prosecutor candidates, stating that such considerations could lead to the exclusion of capable candidates who could deliver results.