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Plenary passes bill to appoint special prosecutor to investigate Marine’s death

  • Aug 14, 2024
  • 184


Plenary passes bill to appoint special prosecutor to investigate Marine’s death




- After a 24-hour filibuster (debate with no time limit), a motion to end the debate was proposed and passed, followed 

         by a vote. Out of 190 votes cast, 189 were in favor and 1 was against, leading to the motion's approval.

- The special investigation seeks to uncover the truth behind a Marine's death and related allegations of investigation 

         interference and cover-up. The Democratic Party and non-negotiating groups will each nominate a candidate for the 

         special prosecutor, and the president will appoint one of them. If the president does not make an appointment within 

         three days, the elder of the two nominees will be considered appointed as the special prosecutor.




The National Assembly of the Republic of Korea (Speaker Woo Won-shik) passed the Act on the Appointment of an Independent Prosecutor to Investigate Allegations of Obstruction and Cover-up of the Marine Corps Death Case. Out of 190 votes cast during the fifth plenary meeting of the 415th extraordinary session held on July 4, 189 votes were in favor and 1 against. 



The bill was introduced the day before the plenary meeting, and 108 members of the People Power Party, including Choo Kyung-ho, submitted a request for a filibuster. Following debate, 169 members of the Democratic Party of Korea, led by Park Sung-joon, submitted a motion to terminate the filibuster, and 24 hours after the motion’s submission, a secret vote was held on July 4 in accordance with the National Assembly Act. Out of 188 votes cast, 186 were in favor and 2 against, meeting the quorum (180 votes or three-fifths of total members).  



The Act on the Appointment of an Independent Prosecutor to Investigate Allegations of Obstruction and Cover-up of the Marine Corps Death Case aims to investigate and uncover the truth behind the death of a Marine who perished in July 2023 in Yecheon, North Gyeongsang Province, after being swept away by a rapid current during a search operation conducted by the Ministry of National Defense following heavy rains. 



The Democratic Party of Korea and non-negotiating groups will each recommend one candidate for the independent prosecutor, and the president will appoint one. The Act also stipulates that if the president does not appoint the prosecutor within three days of receiving nominations, the eldest nominee will be deemed appointed.



The scope of the investigation includes: ▲ the incident involving the marine’s death; ▲ related allegations of cover-up, suppression, and negligence involving the Presidential Office, Ministry of National Defense, Marine Corps Headquarters, Gyeongbuk Provincial Police Agency, and National Human Rights Commission of Korea; ▲ allegations of external pressure on the Corruption Investigation Office for High-ranking Officials (CIO) relating to the second point; ▲ illegalities surrounding the appointment and resignation of former Minister of National Defense Lee Jong-sup as the Republic of Korea’s Ambassador to Australia; ▲ related alleged misconduct and obstruction of justice involving the Presidential Office, Ministry of Foreign Affairs, Ministry of Justice, and the CIO; and ▲ any related cases uncovered during the investigation or acts of interference with the special prosecutor's investigation.



Public officials subject to investigation are prohibited from obstructing or interfering with the investigation and must recuse themselves from duties if fair execution is deemed difficult.



The special prosecutor has 20 days to prepare after his/her appointment, during which they may quickly gather evidence, if necessary, to prevent its destruction.



The investigation must be completed within 70 days of the preparation period, with the option of a 30-day extension. If the investigation cannot be completed within the extended period, an additional 30-day extension may be granted with presidential approval.



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