Lee could "self-appoint" special counsel to investigate his own cases

Lee could "self-appoint" special counsel to investigate his own cases
Controversy over "toxic clauses" in the Fabricated Prosecution Special Counsel Act... Legal experts say it "violates the fundamental principle of the rule of law"
Exception for special counsel after separating investigation and prosecution... Targets are ambiguous, including "allegations of removing opposition leader"
Omnidirectional access rights from trial records to presidential archives... Disciplinary power if access is denied
The "Fabricated Prosecution Special Counsel Act," which passed the National Assembly plenary session on the 6th led by the Democratic Party of Korea, is causing controversy due to several toxic clauses that may be unconstitutional or illegal. The scope of the investigation under this Special Counsel Act includes eight cases where President Lee Jae-myung has been indicted and trials have been suspended, such as the Daejang-dong development corruption and the Ssangbangwool illegal remittance to North Korea cases. The special counsel will investigate whether there were any illegalities in the prosecution's past investigation of these cases. Legal experts have criticized it as the "privatization of the criminal justice system" and "an attempt to destroy the legal order for the President."
◇ Lee appoints the special counsel... "Conflict of interest"
The Fabricated Prosecution Special Counsel Act allows President Lee to appoint one person from candidates recommended by the Democratic Party, the People Power Party, and the Rebuilding Korea Party as the special counsel. Regarding this, legal experts criticize that "it violates the fundamental principle of the rule of law that 'no one can be a judge in their own case.'" The special counsel will investigate the prosecutors who investigated or indicted President Lee. Therefore, having President Lee appoint the special counsel poses a potential conflict of interest.
Graphic=Baek Hyung-seon
Choi Ki-do, an expert member of the National Assembly's Legislation and Judiciary Committee, stated in the review report for this Special Counsel Act, "There is a need to discuss whether the provision allowing the President's ruling party to recommend special counsel candidates contradicts the purpose of the special counsel system, which is to ensure legal fairness and judicial justice." Cha Jin-ah, a professor at Korea University Law School, said, "Unlike general defendants, creating a special counsel act solely for presidential cases to uncover whether prosecution was fabricated may violate the constitutional principle of equality." Professor Cha added, "There is no justifiable reason why the Democratic Party, after amending the Criminal Procedure Act to strip prosecutors of their investigative powers, would grant investigative powers to prosecutors from the prosecution office dispatched for the special counsel."
https://n.news.naver.com/article/023/0004008309?sid=102