President Lee Jae-myung and the ruling Democratic Party of Korea have advanced major legislation across the judiciary, the prosecution, the press, and martial law in parallel during the past year, with the May 7 plenary vote and the June 3 local elections approaching.
Lee faced five criminal trials before taking office. The cases concern the Daejang-dong development scandal in Seongnam, the Baekhyeon-dong land use change case, misuse of Gyeonggi Province corporate cards, illicit US dollar transfers to North Korea by the Ssangbangwool Group, suborning of perjury, and violation of the Public Official Election Act. Under Article 84 of the Constitution, all five trials were suspended on July 22, 2025. The Democratic Party is advancing four bills tied directly to Lee's status as a defendant.
People Power Party Seoul mayoral candidate Oh Se-hoon issued a "Resolution to Block Lee Jae-myung's Judicial Coup" on May 5, citing the special prosecutor bill. "When world leaders are trying to defend their national interests amid war, President Lee Jae-myung is consumed only with erasing his own crimes," Oh said.
Fabricated Indictment Special Prosecutor: Power to Withdraw Prosecutions
A special prosecutor appointed by President Lee would be granted authority to withdraw the criminal indictments against Lee himself.
The Democratic Party introduced the bill on April 30, 2026, formally titled the "Special Prosecutor Appointment Act for the Investigation of Fabricated Investigation and Fabricated Indictment Allegations by the Yoon Suk-yeol Administration's Prosecutors, National Intelligence Service, and Board of Audit and Inspection."
The bill grants the special prosecutor authority to "decide whether to maintain prosecution" of cases transferred to the prosecutor, effectively allowing the withdrawal of indictments.
Twelve cases are designated as targets, including the Ssangbangwool North Korea remittance case, the Daejang-dong development scandal, the Baekhyeon-dong land use change case, the Wirye new town development case, allegations involving former Democratic Research Institute deputy director Kim Yong, statistics manipulation allegations, and the West Sea civil servant shooting incident. Special prosecutor candidates are nominated one each by the ruling and opposition parties, with the president making the final appointment.
The opposition and the legal community argue that allowing a defendant-president to appoint a special prosecutor investigating his own cases, with authority over prosecution maintenance, violates the principle that no one may be a judge in his own cause (Nemo iudex in causa sua) and breaches the separation of powers. Multiple bar associations including the Korean Association of Law Professors, the Lawyers for Constitution, the Lawyers for the Future, and the Lawyers for Human Rights and Reunification of the Korean Peninsula issued statements criticizing the bill's unconstitutionality. The progressive Justice Party also opposed the bill.
Lee himself signaled caution on May 4, asking the party to determine "the specific timing and procedures through public consultation and deliberation." The Democratic Party initially aimed for plenary passage before the June 3 local elections, but timing has become uncertain due to backlash concerns and Lee's call for restraint.
Criminal Procedure Act Amendment: Codifying Trial Suspension During Presidency
The amendment writes into statute the suspension of Lee's criminal trials during his term and delays their resumption after his term ends.
Democratic Party lawmaker Kim Yong-min introduced an amendment that creates a new clause (Article 306, new paragraph) requiring courts to suspend trial proceedings for any defendant who wins a presidential election, from the date of victory until the end of the presidential term. The bill passed the Legislation and Judiciary Committee subcommittee on May 7, 2025, and is now ready for plenary processing whenever the Democratic Party leadership decides. The Democratic Party attempted forced plenary passage on June 12, 2025, but held the bill in abeyance.
The People Power Party warned that "if the Democratic Party passes the trial suspension law, the Lee Jae-myung administration will be suspended at that very moment." Opposition figures and conservative media call it the "Lee Jae-myung Bullet-Shield Law."
Public Official Election Act Amendment: Narrowing the False Statement Offense
If the amendment takes effect, Lee would receive an acquittal-by-extinction ruling in the Public Official Election Act case currently pending against him.
The Legislation and Judiciary Committee passed an amendment on May 14, 2025, by a vote of 11 to 5, deleting the term "act" from the constituent elements of the false statement publication offense under Article 250, Paragraph 1.
Lee was indicted under the Public Official Election Act for two statements made during the 2022 presidential campaign. The first denied a relationship with Kim Moon-ki, former director of Seongnam Urban Development Corporation, in connection with the Daejang-dong development case. The second attributed the Baekhyeon-dong rezoning to coercion by the previous administration. Prosecutors classified both statements as false declarations regarding "acts."
The lower court convicted Lee on November 15, 2024. The appellate court acquitted him on March 26, 2025. The Supreme Court en banc panel reversed the acquittal and remanded the case on May 1, 2025. The remand trial date was set for June 18, 2025, but was postponed under Article 84 of the Constitution following Lee's election to the presidency.
If "act" is removed as a constituent element, under the judicial precedent that "the new law applies if more favorable to the defendant," Lee would receive an acquittal-by-extinction ruling. The amendment is awaiting plenary deliberation as of May 2026.
The opposition and parts of the press call the amendment the "Lee Jae-myung Acquittal Law." The legal community argues that legislation drafted with a specific person in mind violates the principle of legality.
Breach of Trust Abolition: Removing a 72-Year Criminal Code Provision
Abolishing the breach of trust offense in the Criminal Code would render two of Lee's five criminal trials eligible for acquittal-by-extinction.
The government and the Democratic Party officially confirmed the abolition of the breach of trust offense at the Economic Penal-Civil Liability Rationalization Task Force party-government consultation on September 30, 2025. The provision has existed since the Criminal Code was enacted in 1953, a span of 72 years.
The offense punishes a person handling another's affairs who, by violating that duty, obtains a financial benefit and inflicts loss on the principal, with up to 10 years' imprisonment. The government argues that the constituent elements are abstract and constrain corporate activity.
Two of Lee's five trials apply the breach of trust offense: the combined Daejang-dong, Baekhyeon-dong, Wirye, and Seongnam FC case, and the Gyeonggi Province corporate card misuse case. Prosecutors determined that Lee, while serving as Seongnam mayor, granted preferential treatment to private operators in the Daejang-dong and Baekhyeon-dong developments, causing losses of approximately 480 billion won and 20 billion won respectively to Seongnam Urban Development Corporation.
If the breach of trust provision is deleted from the Criminal Code, under the Criminal Procedure Act provision that "when a punishment is abolished after the offense, the court shall pronounce acquittal-by-extinction," these trials are likely to receive acquittal rulings.
People Power Party leader Jang Dong-hyuk criticized the move, saying "the Daejang-dong, Baekhyeon-dong, and corporate card cases the current president faces are all professional breach of trust offenses." He called it the "Lee Jae-myung Rescue Law." The business community welcomed the proposal. The People's Solidarity for Participatory Democracy, the Citizens' Coalition for Economic Justice, and the Lawyers for a Democratic Society issued statements opposing the move, noting that Germany and Japan retain breach of trust as a codified criminal offense. No specific timeline has been set for replacement legislation.
Dissolution of the Prosecutor's Office: Transferring Investigation Authority to Police
The 78-year-old Prosecutor's Office will be dissolved, with investigation authority transferred to the police.
The Government Organization Act amendment passed the National Assembly on October 9, 2025. Indictment authority will go to a new Public Prosecution Agency under the Ministry of Justice, while investigation authority will go to a new Major Crimes Investigation Agency under the Ministry of Interior and Safety. Implementation is scheduled for October 2026. The Prosecution Reform Task Force under the Office of the Prime Minister announced on May 6 that deliberations on Criminal Procedure Act revisions would proceed under the principle of leaving "no investigative authority whatsoever" to prosecutors.
The opposition and the legal community criticize the plan to fully strip prosecutors of investigative power, citing serious side effects. They argue that transferring all investigation to the police would eliminate the prosecutorial function that has long supplemented investigative gaps left by police, and that protection of crime victims' rights would deteriorate.
Three Judicial Reform Acts: Lee to Appoint 22 of 26 Supreme Court Justices
Lee is positioned to appoint 22 of 26 Supreme Court justices by the end of his term, and a new criminal offense of "judicial distortion" applicable to judges and prosecutors has been introduced.
The Democratic Party passed the Constitutional Court Act amendment (introducing the trial constitutional appeal system) on February 27, 2026, and the Court Organization Act amendment (the Justice Increase Act) on February 28, 2026. The Justice Increase Act passed by 173 votes to 73, with one abstention, out of 247 members present. The Three Judicial Reform Acts were officially promulgated and took effect on March 12, 2026, with the judicial distortion offense and the trial constitutional appeal system entering force immediately.
Under the revised Court Organization Act, Supreme Court justices will be increased by four per year for three consecutive years starting two years after promulgation, expanding the bench from 14 to 26. By the end of Lee's term in June 2030, combining 12 new seats with 10 retirements, Lee will appoint 22 of the 26 justices.
The simultaneous Criminal Code amendment created a new "judicial distortion" offense. Judges and prosecutors found to have intentionally distorted the law face up to 10 years' imprisonment. On the day the law took effect, March 12, an attorney filed a complaint under the new offense against Chief Justice Cho Hee-dae and others involved in the en banc reversal-and-remand of Lee's Public Official Election Act case.
The Constitutional Court Act amendment made constitutional appeals against final Supreme Court rulings possible within 30 days, ending the Supreme Court's status as the court of final instance.
Park Yeong-jae, Chief of the National Court Administration, resigned on February 27, 2026, just over 40 days after taking office. "Considering recent discussions inside and outside the courts, my stepping down would help the public and the judiciary," he said. Chief Justice Cho Hee-dae issued an unusual statement on February 23, 2026: "The bills the Democratic Party is passing alter the foundation of nearly 80 years of the judiciary, and could constitute matters requiring constitutional amendment."
False and Manipulated Information Eradication Act: Punitive Damages Targeting Critical Speech
The act imposes punitive damages of up to five times the amount of harm on individuals and companies that spread false information, raising concerns about chilling effects on criticism of the government.
The Science, Technology, Information, Broadcasting and Communications Committee passed the amendment to the Information and Communications Network Act, dubbed the False and Manipulated Information Eradication Act, on December 10, 2025, under Democratic Party leadership. The act grants the right to claim punitive damages of up to five times the assessed harm against those who spread false and manipulated information. The bill subsequently passed plenary and takes effect on July 7, 2026.
Lee said at his 100-day press conference on September 11, 2025, that "freedom of expression does not protect false or fake information." The Democratic Party identified YouTube as a key factor in consolidating conservative support during the impeachment period, and addressing such broadcasters is among the stated legislative purposes.
The People Power Party introduced an "Online Mouth-Sealing Repeal Act" as the party's official counter-proposal on January 15, 2026, citing the vagueness of "false and manipulated information and hate speech" definitions, the risk of arbitrary censorship, and concerns over double punishment.
The US Department of State issued a public statement of concern in January 2026: "The United States expresses serious concern that the South Korean government has approved an Information and Communications Network Act amendment that adversely affects the operations of US-based online platforms and undermines freedom of expression." The progressive civic group People's Solidarity for Participatory Democracy also called for a presidential veto.
Three Broadcasting Acts: Restructuring of Public Broadcaster Boards
The composition of the boards of KBS, MBC, and EBS has been changed, and authority over the new boards now sits with President Lee.
The Democratic Party passed the Broadcasting Act on August 5, 2025, the Foundation for Broadcast Culture Act on August 21, and the Korea Educational Broadcasting System Act on August 22, all in plenary sessions. The same legislation had passed plenary twice under former President Yoon Suk-yeol and had been vetoed both times. The Democratic Party passed the identical bills again after taking power. Lee promulgated the Broadcasting Act amendment on August 18, 2025.
The KBS board increased from 11 to 15 members, and the boards of the Foundation for Broadcast Culture (the principal shareholder of MBC) and EBS each increased from 9 to 13 members. The political nomination share is capped at 40 percent of the total, with the remaining seats nominated by viewer committees, broadcast personnel, academic associations, and bar associations. Final appointment authority rests with the president. Selection of network presidents now requires a Public Recommendation Committee for President Candidates composed of at least 100 citizens. The law mandates reconstitution of the boards within three months of implementation.
The People Power Party calls the move "broadcaster capture by stealth," arguing that even with more nomination subjects, if the ruling party controls the selection of recommending academic associations and civic groups, the resulting boards will skew toward the ruling party.
Martial Law Constitutional Amendment: May 7 Vote Fails, Re-Push to Follow
The amendment requiring advance National Assembly approval, or approval within 48 hours, for a presidential declaration of martial law failed at the May 7 plenary vote. The Democratic Party has signaled a renewed push.
The amendment was introduced on April 3, 2025, by 187 lawmakers from the Democratic Party and five other co-sponsoring parties. Passage required approval by two-thirds of sitting members, or 191 votes, but the People Power Party boycotted the vote as a matter of party discipline, leaving the chamber short of the quorum required for a binding vote.
The amendment would require advance National Assembly approval, or approval within 48 hours, for a presidential declaration of martial law, with the declaration losing force immediately if the Assembly votes to lift it by majority. The constitutional preamble would be revised to incorporate the spirit of the May 18 Gwangju Democratization Movement and the Busan-Masan Democratic Uprising.
The Democratic Party is pursuing a re-vote and continues to aim for a constitutional referendum simultaneously with the June 3 local elections. People Power Party leader Jang Dong-hyuk reaffirmed the party's opposition on May 6, stating, "It is incoherent to debate constitutional amendment while pushing forward an unconstitutional special prosecutor bill designed to erase President Lee Jae-myung's crimes."
Presidential Term Amendment: The Four-Year Two-Term Proposal
The proposal would change the current single five-year term to a four-year two-term system. Current constitutional provisions exclude Lee from the change, though debate continues over whether the ruling party may revise the very clause that excludes him.
In August 2025, the State Affairs Planning Committee released the "Lee Jae-myung Government National Operations Five-Year Plan," which placed the four-year two-term constitutional amendment at the top of the administration's policy agenda. Article 128, Paragraph 2 of the Constitution states that "constitutional amendments to extend the presidential term or change the rule on succession shall not apply to the president in office at the time the amendment is proposed." Under current law, Lee cannot gain re-election eligibility through the change.
Lee himself, however, left room for interpretation at a press meeting in May 2025. He acknowledged that "a sitting president is not subject to such an amendment," then added, "if it is the will of the people at the time of the amendment, following the amended constitution would be more in line with popular sovereignty." Im Ji-bong, professor of law at Sogang University Law School, has stated that simultaneously amending Article 128, Paragraph 2 itself alongside the introduction of the four-year two-term system is theoretically possible, though he assesses such a move as practically impossible due to the expected backlash.
People Power Party leader Jang Dong-hyuk criticized the proposal on September 17, 2025: "The fact that this is being placed at the top of the national agenda shows that long-term rule is the most important issue for President Lee." When President Roh Moo-hyun proposed a similar single-issue amendment in 2007, opposition figures and parts of the public dismissed it as "a proposal to break out of the political deadlock at the end of the term," and the proposal collapsed. The same suspicion now attaches to the Democratic Party.
Outstanding Issues
The Lee government's institutional restructuring spans ten domains: the Supreme Court, prosecution, martial law, special prosecutors, criminal procedure, election law, breach of trust, false information regulation, public broadcasting, and presidential term.
The short-term focus is the renewed push on the martial law constitutional amendment after its initial rejection, and the plenary deliberation on the special prosecutor bill, the Criminal Procedure Act amendment, and the Public Official Election Act amendment. In the medium term, the June 3 local elections will function as a national referendum on the martial law amendment and an effective vote of confidence on the Lee government's reform agenda.
Lee's term runs through June 2030. Reformers position the changes as "the resolution of long-pending issues since democratization." Opponents call them "institutional restructuring for the perpetuation of the Lee Jae-myung administration's power, the defense of his status as a defendant, and the suppression of critical speech." The US Department of State's expression of concern signals that the institutional restructuring may escalate into a diplomatic and trade issue. Subsequent plenary votes and the local election results will determine which interpretation prevails with the public.
Lee Jae-myung Government's Institutional Restructuring Timeline
<Enacted and in Force>
August 5, 2025 โ Broadcasting Act amendment passed in plenary; promulgated and took immediate effect on August 18 August 21, 2025 โ Foundation for Broadcast Culture Act amendment passed in plenary August 22, 2025 โ Korea Educational Broadcasting System Act amendment passed in plenary
September 26, 2025 โ Government Organization Act amendment (dissolution of the Prosecutor's Office) passed in plenary; promulgated October 1
December 24, 2025 โ False and Manipulated Information Eradication Act passed in plenary
February 27, 2026 โ Constitutional Court Act amendment (trial constitutional appeal system) passed in plenary February 28, 2026 โ Court Organization Act amendment (Supreme Court justices expanded from 14 to 26) passed in plenary March 12, 2026 โ Three Judicial Reform Acts promulgated and took effect
March 20-21, 2026 โ Public Prosecution Service Establishment Act and Serious Crimes Investigation Agency Establishment Act passed in plenary
Party-Government Agreement Confirmed, Legislation in Preparation
September 30, 2025 โ Breach of Trust abolition confirmed at party-government consultation (no specific timeline set for replacement legislation)
<Under Deliberation, Pending>
May 7, 2025 โ Criminal Procedure Act amendment (codifying trial suspension during presidency) passed Legislation and Judiciary Committee subcommittee; awaiting plenary deliberation
May 14, 2025 โ Public Official Election Act amendment (deletion of "act" from the false statement offense) passed Legislation and Judiciary Committee; awaiting plenary deliberation
April 30, 2026 โ Fabricated Indictment Special Prosecutor Bill introduced; awaiting plenary deliberation (President Lee himself has signaled caution)
<Rejected, Re-Push to Follow>
May 7, 2026 โ Constitutional amendment limiting martial law failed (People Power Party boycott left the chamber short of quorum); the Democratic Party has signaled a renewed push
<Under Consideration>
August 20, 2025 โ Four-year two-term constitutional amendment placed at the top of the State Affairs Planning Committee's National Operations Five-Year Plan (decision timing expected at the 2028 general election)
Sources
Constitutional Amendment on Martial Law
Three Judicial Reform Acts
Dissolution of the Prosecutor's Office
False and Manipulated Information Eradication Act
Korean-Language Supplementary Sources