The 37-page investigative report released by the second special counsel on the 24th, which stated, “The war against insurrection forces has just begun,” contained numerous errors. Over 20 inaccuracies were found in details such as prosecution dates, names of individuals involved, positions, names of state agencies, legal statutes, and charges. On the 26th, legal circles criticized, “The special counsel, who made provocative political statements, has demonstrated that their core investigative work is subpar.”
In the report, the second special counsel referred to former Defense Counterintelligence Command Identity Security Office Director Na Seung-min as a “defendant” while explaining the handling of the “blacklist” case involving former Defense Counterintelligence Command Commander Yeo In-hyeong. However, the special counsel had granted Na a suspended indictment due to his cooperation, concluding the case with his status as a “suspect.” The incorrect use of “defendant” was a clear error. A source from the prosecution remarked, “This does not appear to be a simple typo. It seems they do not even understand the distinction between a ‘suspect’ and a ‘defendant,’ which depends on whether charges are filed.”
Prosecution dates for some cases were also incorrect. Regarding former Ministry of Justice Correctional Headquarters Director Shin Yong-hae, who was charged with securing facilities for housing violators of martial law, the report listed the indictment date as August 12 in the “case status” section but as August 7 in the “individual investigation report.” The actual indictment date was August 7. For former KTV President Lee Eun-woo, who was charged on August 11 with insurrection propaganda, the report incorrectly stated the indictment date as August 19.
Errors in state agency names, titles, and personal names were also rampant. The report miswrote the name of former 730 Counterintelligence Unit Commander Moon Yeon-cheol, involved in the death of Marine Corps member Chae, as “Moon Young-cheol.” In the case related to former President Yoon Suk-yeol’s relocation of the presidential office, former Ministry of Land, Infrastructure and Transport First Vice Minister Kim Oh-jin was incorrectly listed as “First Vice Minister of the National Transportation Ministry,” and former Capital Defense Command Chief Lee Jin-woo was referred to by the outdated title “Commander of the Capital Security Command.” These obsolete or nonexistent titles were publicly disclosed in official documents. Additionally, the report twice mistranslated “Joint Chiefs of Staff” as “Joint Chiefs of Staff Headquarters” in sections discussing the insurrection involvement of the Coast Guard.
Errors were also found in legal charges and statutes, which legal professionals should not misstate. According to the Ministry of Government Legislation’s National Legal Information Center, the official abbreviation of the “Act on the Prohibition of Improper Solicitation and Graft” is “Improper Solicitation Prohibition Act.” However, the special counsel charged prosecutors involved in the alleged cover-up of the former first lady Kim Keon-hee Deutsch Motors case with “Violation of the Anti-Negotiation Bribery Act.” Furthermore, the charge against Board of Audit and Inspection official Son was incorrectly written as “Leak of Official Secrets” instead of the correct “Unauthorized Disclosure of Official Secrets” under Criminal Code Article 127.
Other errors included the special counsel law, which was enacted on January 27 and amended on July 21 for personnel reinforcement, being incorrectly noted in the report as amended on January 27. The Defense Counterintelligence Command, whose name has evolved from the Security Command to the Defense Security Command and the current Security Support Command, was described as the “predecessor of the Security Command, Defense Security Command, and Security Support Command.” The report also misstated the 2024 22nd general election as the “24th general election.” A lawyer formerly a deputy prosecutor criticized, “This report is hardly befitting an official document from an investigative agency. It is questionable whether such a special counsel conducted proper investigations.”
Controversy has arisen over the special counsel’s indictment of former Prosecutor General Shim Woo-jung for allegedly preparing a list of prosecutors to be dispatched to the martial law joint investigation headquarters during the December 3 emergency martial law. The special counsel cited a document titled “241203 Martial Law Investigation Team (Candidates),” obtained through a search of the Supreme Prosecutors’ Office, as evidence. According to the special counsel, Shim instructed the creation of the list immediately after the martial law declaration on December 3, 2024, implicating him in critical insurrection tasks.
However, Shim’s side refuted this, stating the list was not for the joint investigation headquarters but for a special prosecution team to investigate the legality of the emergency martial law. Indeed, the Supreme Prosecutors’ Office launched a special investigation team on December 6, two days after the martial law was lifted, which included many prosecutors from the list.
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