The special prosecutor Lee Myung-hyun, principle of arrest if not complying with face-to-face investigation.

Introduction - Justice Begins Where Trust Has Collapsed

In the summer of 2023, the death of Marine Sergeant Chae was not just an ordinary soldier's demise. The suspicions surrounding the circumstances of the incident and the more serious external pressures during the investigation process shocked many citizens, undermining the foundations of the rule of law. As the possibility arose that the military investigation's judgment could have been distorted by outside pressures, the incident spread beyond mere fact-finding, leading to a general distrust in the entire state power system. In this environment of eroded trust, the special prosecutor team led by Lee Myung-hyun is faced with a historical task of not only re-examining the case but also restoring the value of justice that has been compromised. Particularly, the special prosecutor's stance that facing former President Yoon Seok-yeol is a "natural course" becomes a crucial test of whether it can transcend the long-standing "exceptionalism for high-ranking officials." Reestablishing the principle that everyone is equal before the law is the fundamental direction of this special prosecution inquiry.

Principle of In-Person Investigation - No Exceptions for Former Presidents

The special prosecutor Lee Myung-hyun made his position clear from the moment he took office. 'It is natural to conduct a face-to-face investigation rather than a written one regarding former President Yoon Seok-yeol.' This was a firm declaration that goes beyond merely selecting an investigative method, applying the same investigative standards regardless of social status. Establishing principles that do not allow for circumvention in situations where face-to-face investigations are necessary is a key step in transforming the formal fairness of the law into substantial equality. Furthermore, the special prosecutor has made it clear that he is not dismissing the possibility of requesting an arrest warrant if former President Yoon fails to respond to summonses. This signals that 'there is no tolerance for evasion of investigation' and announces an intention to break the long-standing bad practice of avoiding accountability. Compared to past high-ranking officials who distanced themselves from investigations under the pretext of 'written responses' or 'health reasons,' this special prosecutor is clearly establishing a different standard. This principle goes beyond the issue of investigative methods, raising the fundamental question of whether our society can indeed apply the standards of the law equally to everyone. Only when that standard is upheld can the truth finally be revealed, and the law regain trust.

Practical Special Investigation - A Prosecutorial Organization with Structure and Execution

It is noteworthy that the special prosecutor’s office is not only expressing a strong will but also steadily preparing an organizational foundation that can actually implement it. The special investigation team plans to recruit the legal maximum of 105 personnel, including dispatched prosecutors with extensive experience in military-related investigations. This reflects a systematic response to the uniqueness of the case, which involves a death incident within the military and intertwines responsibility conflicts between civilian and military investigative agencies. During the first meeting with the assistant special prosecutors appointed by the presidential office, discussions were held regarding cooperation with relevant agencies such as the Anti-Corruption and Civil Rights Commission and the Supreme Prosecutors' Office, document handover procedures, and office space organization, marking the beginning of practical investigative preparations. This concrete and pragmatic approach demonstrates a willingness to move beyond the limitations of 'symbolic investigations' displayed by some past special prosecutors. A resolute investigative will and the structural design supporting it are not separate issues. An investigation equipped for execution forms the basis for ongoing realization of justice, rather than a one-off event. It is in this respect that this special prosecutor's office is moving towards 'operational justice' rather than merely 'verbal justice'.

Scope of investigation - The path to truth along the chain of responsibility

The investigation scope of the Special Investigation Unit regarding the Chae Sang-byung case is clearly divided into four main items. First, the allegations of withholding the transfer of the Marine Corps Investigation Unit and the deletion of charges second, the process of the decision that led to the retrieval of the case by the police third, allegations regarding external pressure on military investigations and fourth, whether there was inappropriate communication between the military and police during the initial stages of the incident. These four items are not separate individual matters but rather represent a 'structural chain' that shows how far the flow of investigation and responsibility has been affected. Ultimately, at the end of this chain lies the core issue of how and to what extent former President Yoon Suk-yeol was involved in this process as the head of state. Therefore, the Special Investigation Unit's demand for face-to-face interviews is not merely to follow formal procedures. If this incident was not just a clerical error but resulted from abuse or complicity of authority, then responsibility must also be traced upwards. The direction of the investigation is determined not by the status of those being investigated, but by the relevance of the exercise of authority and the incident. Even if there are political burdens, it is a path that must be taken if the process aligns with legal legitimacy and the realization of justice. This reflects the Special Investigation Unit's stance of prioritizing procedural legitimacy over political considerations.

Conclusion - Only principled investigations can achieve justice

Justice does not merely end with identifying the perpetrator. Justice is realized in the choice of what principles to establish and what responsibilities to enforce. The direction of the investigation shown by Special Prosecutor Lee Myung-hyun reminds us of that essence. The principles of face-to-face investigations, the unwavering stance on issuing arrest warrants, and the formation of a practical investigation team all reveal the determination not to settle for mere show investigations. The death of Corporal Chae Sang-byeong extends beyond the tragic sacrifice of a soldier and questions the ethics of public power and the feasibility of justice in our society. What the people must now focus on is not just the 'results of the investigation.' Justice emerges in the process, and only when that process remains steadfast can true trust be restored. An investigation without exceptions is the first step toward re-establishing the rule of law. We are now watching how far that step can advance.