🚨 Special Investigation Committees: Purpose, Structure, and Impact

Today Korean Social News | 2025.04.09

📌 Itaewon Special Committee 7 Months Since Launch... 'Vacant' Administrative Leader Despite Bipartisan Agreement

💬 The Special Investigation Committee for investigating the truth behind the Itaewon tragedy has been unable to begin substantive investigation despite it being 7 months since its launch. Although the committee, formed by recommendations from both ruling and opposition parties, reached an agreement on appointing a secretary general who would oversee administrative tasks in January, the position remains vacant as Acting Prime Minister Han Duck-soo continues to delay the appointment. Despite the presidential office having completed the personnel verification, the reason for the delay has not been clearly explained, and victims' families are protesting against the government's irresponsible attitude.

Summary

• A Special Investigation Committee is a temporary independent body established to investigate the truth behind major incidents or accidents.
• The committee is composed of individuals recommended by both ruling and opposition parties, and has substantive investigative powers including the right to request documents and materials.
• The committee's activities lead to social healing and institutional improvements to prevent similar incidents from recurring.

1️⃣ Definition

A Special Investigation Committee is an independent investigative body temporarily established when major incidents or accidents occur to clearly identify the causes and responsibilities, and to establish measures to prevent recurrence. Simply put, it can be thought of as a special "truth-finding team" created to transparently uncover the truth and find appropriate solutions when incidents of significant public interest or social impact occur.

Special Investigation Committees are established by the government or the National Assembly through special legislation, and conduct thorough and objective investigations based on political neutrality and independence.

💡 Why is it important?

• It reveals the truth about major incidents that cannot be adequately investigated by government departments or existing investigative agencies alone.
• It enables objective investigations based on political neutrality and independence.
• It serves as an important starting point for resolving social conflicts, healing, and institutional improvement.

2️⃣ Structure and Authority of Special Investigation Committees

📕 Structure and Operation of Special Investigation Committees

• Special Investigation Committees are composed of various experts and stakeholders. Special Investigation Committees are composed of members with diverse backgrounds to ensure fair and objective investigations. They typically include individuals recommended by the ruling and opposition parties, experts in relevant fields, representatives from civil society, and representatives from the victims' side. The chairperson is usually a person whose political neutrality is guaranteed, and is selected by bipartisan agreement or according to specific criteria. The term of committee members is guaranteed for the period specified in the special law, and they cannot be dismissed without valid reasons, enabling independent activities. Additionally, a secretariat is established to support investigative activities, and the secretary general plays an important role in overseeing the practical operation of the committee.

• Special Investigation Committees operate efficiently for a specified period. Special Investigation Committees typically operate for a temporary period of 6 months to 2 years. During the investigation process, regular full committee meetings and subcommittee meetings are held to discuss the direction and progress of the investigation. Important decisions are made by vote among committee members, and some matters may require special quorums such as a majority or a two-thirds majority. Investigation activities are conducted in various ways, including data collection and analysis, interviews with relevant parties, site visits, and holding hearings. All investigation processes are documented, and a final investigation report is submitted to the National Assembly or the government. Interim reports may be published or the activity period may be extended if necessary.

📕 Powers and Limitations of Special Investigation Committees

• Special Investigation Committees have various powers for substantive investigation. For a Special Investigation Committee to effectively uncover the truth, appropriate authority must be granted. Typically, the committee has the power to request data submission from relevant institutions. Government departments, local governments, and public institutions are obligated to comply with the committee's data submission requests. The committee also has the authority to summon relevant parties to hear testimony, enabling them to understand the truth through the testimonies of those involved in the incident or experts. If necessary, they can conduct field investigations or request expert opinions, and some committees have the authority to hold hearings to publicly examine witnesses. These various powers are essential tools for the committee to conduct thorough investigations.

• Special Investigation Committees face certain limitations and challenges. Despite the powers granted to Special Investigation Committees, they often face various limitations in actual operation. First, committees generally lack the power of compulsory investigation, making it difficult to exercise enforcement like prosecutors or police. There may be limited means of actual sanctions if data submission or attendance is refused. Second, truth-finding may be difficult if the investigation targets are uncooperative. Situations such as concealment of data, false statements, or refusal to attend may occur. Third, it may be difficult to be completely free from political influence. Since the committee is composed of individuals recommended by ruling and opposition parties, there is room for political interests to intervene. Fourth, lack of budget and personnel may make thorough investigations difficult, and there are also time constraints as it is a temporary body. Finally, there is also the limitation that the investigation results often remain at the recommendation level, and substantive follow-up measures may not be implemented.

Key Characteristics of Special Investigation Committees

1. Temporariness: A temporary body that operates only for a specific period
2. Independence: Allows investigations independent of the government or political circles
3. Neutrality: Pursues political neutrality by being composed of individuals recommended by ruling and opposition parties and experts
4. Transparency: Fulfills the public's right to know by disclosing investigation processes and results
5. Expertise: Conducts professional investigations with the participation of experts in relevant fields
6. Inclusiveness: Involves various stakeholders and gathers opinions
7. Legal Basis: Secures legal legitimacy by being established through special legislation
8. Public Interest: Pursues public interest goals for social healing and institutional improvement
9. Right to Access Data: Possesses the authority to request data submission from relevant institutions
10. Result-Orientation: Sets clear goals of truth-finding and establishing measures to prevent recurrence

3️⃣ Social Role of Special Investigation Committees

✅ Truth-finding and Social Healing

• Special Investigation Committees restore social trust through truth-finding. When major incidents or accidents occur, various suspicions and speculations arise about their causes and responsibilities. Special Investigation Committees play an important role in restoring social trust by resolving these suspicions and revealing the truth through objective and thorough investigations. Transparent investigation processes and the disclosure of investigation results satisfy the public's right to know and contribute to forming a social consensus on 'what the truth is'. Additionally, the responsible attitude and follow-up measures of the government and relevant institutions provide a basis for the public to trust public institutions. Truth-finding serves as an important starting point in the process of resolving the questions of victims and their families, and for society members to understand and accept the incident.

• The activities of Special Investigation Committees contribute to healing victims and social integration. Victims and families of major incidents have a strong desire to know the truth about the incident. Special Investigation Committees provide the first step toward mental healing by listening to their voices and revealing the truth. By having the opportunity to participate in the investigation process and testify about their experiences, victims can experience being socially recognized and respected. Additionally, appropriate compensation and support policies following the committee's recommendations help victims recover in practical terms. Socially, it provides an opportunity for the community to move toward integration rather than division through the process of reflecting on the incident and learning lessons together. The committee's activities can be said to be a healing process that goes beyond simple truth-finding, where society overcomes pain together and moves toward a better future.

✅ Institutional Improvement and Prevention of Recurrence

• The investigation results of Special Investigation Committees lead to important institutional improvements. One of the most important roles of a Special Investigation Committee is to suggest institutional improvements to prevent similar incidents from recurring. After identifying the root causes and structural problems of the incident through thorough investigation, the committee prepares specific recommendations to address these issues. These recommendations are presented in various forms, including law revisions, organizational restructuring, expansion of personnel and budget, strengthening of safety standards, and improvements in education and training. The government and the National Assembly then pursue substantive institutional improvements based on these recommendations. Examples include improvements in disaster safety management systems following the recommendations of the Sewol Ferry Special Committee, or strengthening of human rights protection systems following the recommendations of the Past Affairs Truth Committee. These institutional improvements contribute to making the entire social system safer and more just, beyond simply punishing those responsible.

• Special Investigation Committees contribute to preserving social lessons and memories. The activities of Special Investigation Committees play an important role in socially remembering and inheriting the lessons of major incidents. The committee's investigation reports serve as historical documents that systematically organize the full picture and lessons of the incident, becoming important reference materials for future generations. Moreover, memorial facilities or museums may be established following the committee's recommendations to preserve the memory of the incident and use it as a place for education. The social memory is maintained through methods such as including related content in school curricula or holding regular memorial events. This preservation of memory is important for maintaining social awareness to prevent similar tragedies from being repeated. It also provides comfort to victims and their families that their sacrifices and pain are meaningfully remembered socially, and provides an opportunity for reflection for the entire society for a better future.

4️⃣ Related Terminology

🔎 Truth-finding

• Truth-finding is the process of clearly identifying the actual truth of an incident or accident.
• Truth-finding refers to the process of objectively identifying the actual facts of an incident or accident, including its causes, course, results, and where responsibility lies. This includes understanding not just the superficial phenomena, but also the root causes and structural problems. Truth-finding is conducted through various methods such as data collection for fact verification, interviews with relevant parties, expert analysis, and field investigations. It is important to investigate thoroughly from a neutral and objective perspective, keeping all possibilities open. The purpose of truth-finding is not simply to find and punish those responsible, but to resolve the questions of victims and their families by revealing the truth about the incident, and to learn lessons to prevent similar incidents from recurring. Thorough truth-finding is the first step toward social healing and institutional improvement.

🔎 Secretary General

• The Secretary General is the key person responsible for overseeing the administrative tasks of a Special Investigation Committee.
• The Secretary General refers to the person who oversees the daily administrative tasks of a Special Investigation Committee. While the committee chairperson decides the overall direction and policies, the Secretary General directs the specific administrative tasks to implement them. The Secretary General is responsible for the practical operation of the committee, including establishing investigation work plans, managing budget and personnel, overseeing data collection and analysis, preparing committee meetings, and coordinating cooperation with external institutions. They also perform roles such as organizing investigation teams and distributing tasks, checking the progress of investigations, and supervising the writing of reports. The Secretary General is typically appointed from among individuals with expertise in relevant fields and administrative experience, and plays a crucial role in the efficient operation and successful mission completion of the committee. Since substantive investigation activities of the committee cannot be properly conducted if the position of Secretary General is vacant, it is important to appoint a suitable person in a timely manner.

🔎 Hearing

• A hearing is an official procedure where a Special Investigation Committee publicly listens to the testimony of relevant parties.
• A hearing refers to a public examination procedure where a Special Investigation Committee officially summons persons involved in the incident or experts to hear their testimony and conduct questions and answers. Hearings are usually broadcast live on TV and the internet, allowing the public to directly observe the investigation process. Witnesses testify after taking an oath, and may face legal responsibility for perjury. The proceedings are conducted by committee members asking questions to witnesses in turn and listening to their answers. A hearing is an important procedure not only as a means of obtaining information necessary for truth-finding, but also for ensuring the transparency of the investigation process and satisfying the public's right to know. It also serves as a forum for enhancing the sense of responsibility of those involved through public testimony and sharing social lessons. However, it should be operated carefully as there are concerns about becoming a venue for political confrontation or human rights violations.

5️⃣ Frequently Asked Questions (FAQ)

Q: What is the difference between a Special Investigation Committee and a parliamentary investigation?

A: Both Special Investigation Committees and parliamentary investigations aim to uncover the truth about important matters, but they differ in their establishing bodies and operation methods. A parliamentary investigation is a direct investigation conducted by the National Assembly based on Article 61 of the Constitution, with the Parliamentary Investigation Special Committee, composed of members of parliament, as the main body. In contrast, a Special Investigation Committee is a separate independent body established by special legislation, with committee members including not only members of parliament but also various individuals such as external experts and civil society representatives. Parliamentary investigations are conducted for a relatively short period of up to 90 days during a session, while Special Investigation Committees usually have a longer activity period of 1-2 years. Additionally, while parliamentary investigations have a strong political character, Special Investigation Committees aim for more neutral and professional investigations. The results of parliamentary investigations are directly used for the National Assembly's legislation and policy reflection, while Special Investigation Committees present their results in the form of independent investigation reports and recommendations. The two systems have a complementary relationship, and sometimes a Special Investigation Committee is established after a parliamentary investigation when more in-depth investigation is needed.

Q: How are the investigation results of a Special Investigation Committee utilized?

A: The investigation results of a Special Investigation Committee are utilized in various ways. First, the committee prepares a comprehensive report after completing the investigation and submits it to the National Assembly and the government. This report contains detailed information about the causes and course of the incident, where responsibility lies, institutional problems, and improvement measures. Second, if criminal suspicions are discovered during the investigation process, the committee can request an investigation from the prosecution or police, which may lead to the punishment of those responsible. Third, the committee's recommendations are used as basic data for revising relevant laws or establishing policies. The National Assembly proposes related bills based on these recommendations, and the government prepares institutional improvement measures. Fourth, they serve as a basis for establishing victim support and compensation policies. Appropriate compensation and support measures are prepared based on the status of victims and the necessary support content. Fifth, investigation reports are preserved as historical documents and used as academic research and educational materials. They are placed in libraries, archives, educational institutions, etc., becoming important reference materials for future generations. Sixth, memorial and commemorative projects may be conducted based on the investigation results. This can include creating memorial parks, establishing memorial halls, and designating memorial days. Finally, they contribute to satisfying the public's right to know and improving social awareness. The disclosure of the truth raises awareness about similar incidents and leads to social change.

Q: What happens if the recommendations of a Special Investigation Committee are not properly implemented?

A: The recommendations of a Special Investigation Committee lack legal binding force, so there are cases where implementation is not guaranteed. When such situations occur, the following processes may take place. First, monitoring and criticism from civil society and the media occur. Civil organizations, victim groups, media, etc. continuously monitor the implementation status of the recommendations, and when they are not implemented, they make this public to form social pressure. Second, follow-up measures at the National Assembly level are possible. National Assembly standing committees or special committees can check the implementation status of recommendations and summon relevant ministers or those responsible for questioning. Third, additional legislation to confer enforceability is possible. This is a method of conferring legal binding force by proposing follow-up legislation that mandates the implementation of the recommendations. Fourth, seeking judicial judgment is also a method. If the non-implementation of recommendations is deemed to be a violation of legal obligations, legal responses such as administrative lawsuits or constitutional complaints may be filed. Fifth, follow-up Special Investigation Committees or verification committees may be established. This is the case where follow-up bodies are created to check the implementation status of recommendations and recommend additional measures. Sixth, evaluation through political processes such as elections takes place. Whether recommendations are implemented can be an important evaluation criterion for the government and politicians, affecting elections. In this way, although there is no legal binding force, the implementation of recommendations is urged and checked through various social and political mechanisms. However, despite these efforts, there are many cases where recommendations are not properly implemented, leading to continuous criticism that institutional supplements are needed to enhance the effectiveness of the committee's recommendations.