Court finds ‘substantial reason’ for sedition charges
Yong side “authority dispute – application for suspension of effect”
On the 31st, the court issued an arrest warrant for President Yoon Seok-yeol, who is suspected of being the leader of the rebellion following the declaration of martial law on December 3. This is the first time in constitutional history that an arrest warrant has been issued for a sitting president.
The High-ranking Public Officials Crime Investigation Office (Corruption Investigation Office) announced on this day, “It has been confirmed that the arrest warrant and search warrant requested for President Yoon were issued on the morning of the 31st.” Lee Soon-hyung, chief judge in charge of warrants at the Seoul Western District Court, reportedly stated the reason, saying, “The suspect did not respond to the request of the investigative agency without justifiable reason, and there is significant reason to suspect that he has committed a crime.” There are speculations that the arrest warrant will be executed on January 1st, 4th, and 5th, which are holidays, rather than weekdays, considering issues related to the security of the incumbent president. The deadline for the arrest warrant is January 6. If the Corruption Investigation Office succeeds in securing President Yoon, it plans to investigate at the Corruption Investigation Office building in the Gwacheon Government Complex and then detain him at the Seoul Detention Center.
President Yoon’s lawyer Yoon Gap-geun (former Daegu High Prosecutors’ Office chief) said, “It is surprising and difficult to accept that a warrant was issued by an organization without authority,” and “I regret the court’s decision.” President Yoon’s side filed an application with the Constitutional Court to adjudicate the authority dispute and suspend the arrest warrant.
尹 Arrest warrant valid until the 6th… Possibility of implementing holidays considering security
[尹 체포영장 발부]
The Air Force’s policy to secure new soldiers is opposed by the North Korean government.
The basis for the court’s decision is… Recognition of the Corruption Investigation Office’s ‘right to investigate insurrection’ and refusal to attend the event also had an impact.
How to execute a warrant… The government protests against “illegal invalidation,” raising concerns about conflict if the National Security Agency blocks it.
Where is the investigation? The Corruption Investigation Office office will decide whether to issue an arrest warrant within 48 hours.
As the court issued an arrest warrant for President Yoon Seok-yeol on charges of being the leader of the rebellion and abuse of power following the declaration of martial law on December 3, the investigation by the High-ranking Public Officials Crime Investigation Office is expected to gain momentum. This is because, contrary to President Yoon’s side, which has argued that “the Corruption Investigation Office has no authority to investigate treason crimes,” the court has recognized that the Corruption Investigation Office’s investigation is legal.
The Corruption Investigation Office says, “The principle is that arrest warrants must be executed,” and plans to begin securing new recruits soon. However, as President Yoon’s side strongly opposes it, calling it an “illegal and invalid arrest warrant,” there is also talk of the possibility of a physical conflict with the Presidential Security Service during the execution process.
① What is the basis for the court’s decision?
An official from the Corruption Investigation Office said in a briefing on the morning of the 31st, “The crime specified in the arrest warrant is rebellion leader.” The Corruption Investigation Office believes that the court has recognized the Corruption Investigation Office’s authority to investigate treason crimes since an arrest warrant was issued specifying the treason crime.
President Yoon’s refusal to attend the Corruption Investigation Office’s three requests for attendance appears to have had an impact on the issuance of the arrest warrant. An official from the Public Prosecution Service explained the reason for issuing the warrant, saying, “It can be summarized as ‘He did not respond to the request to appear without a justifiable reason, there is concern that he will not comply, and there is significant reason to suspect that he has committed a crime.’” The Corruption Investigation Office requested attendance on December 18, 25, and 29 of last year, but President Yoon’s side consistently failed to respond.
On the other hand, President Yoon’s side is denying the validity of the warrant itself, saying, “It was a warrant requested by an illegal agency.” The defense team objected, saying, “As a sitting president, it is difficult to understand that an arrest warrant was issued even though there were legitimate reasons for his absence, such as issues with investigative authority.” President Yoon’s side believes that requesting an arrest warrant from the Seoul Western District Court when the trial is likely to be held at the Seoul Central District Court is a ‘trick’ by the Corruption Investigation Office to increase the likelihood of issuing a warrant.
The reactions of the ruling and opposition parties were also divided. People Power Party Emergency Response Committee Chairman Kwon Young-se said, “It is very unfortunate that an arrest warrant is requested and issued during a period of mourning when the incumbent president has no concerns about evidence destruction or flight.” On the other hand, Kim Yong-min, senior vice leader for floor policy of the Democratic Party of Korea, said, “Execute the warrant to immediately suppress the civil war.”
② When will the arrest warrant be executed?
The arrest warrant must be executed by January 6. The legal community believes that it is more likely to be carried out on the 1st, 4th, and 5th days of the holiday rather than on weekdays, considering issues such as security for the incumbent president. However, as President Yoon’s side is protesting that it is an “illegal and invalid arrest warrant,” there is a possibility that a physical conflict may occur between the Airborne Corruption Investigation Office and the Presidential Security Service during the warrant execution process.
It appears that the Presidential Security Service will not allow entry into the presidential residence if the Corruption Investigation Office begins executing a warrant without prior consultation. The Presidential Security Act stipulates that access control, etc. may be implemented when there are reasonable grounds to believe that it is unavoidable for security purposes. An official from the Presidential Security Service said, “Once the warrant is executed, we will discuss it (with the Corruption Investigation Office). “Security measures will be taken in accordance with legal procedures (under the Security Act),” he said.
However, there are predictions that it will be difficult to block the execution of warrants indefinitely. This is because you can be punished for obstruction of official duties. The Secret Service’s explanation that ‘security measures are taken in accordance with legal procedures’ can also be interpreted ambiguously, leading some to speculate that President Yoon may be appearing voluntarily as the deadline for his arrest warrant approaches. The President’s Office appears to be embarrassed by the issuance of an arrest warrant. An official from the President’s Office declined to comment, saying, “A legal team has currently been appointed, and the President’s Office is not assisting with the investigation.”
The Corruption Investigation Agency is said to be considering receiving support from police riot squads in preparation for physical clashes. An official letter warning that interfering with the execution of a warrant constitutes obstruction of official duties will also be sent.
③ How is an arrest warrant executed?
The warrant issued by the Corruption Investigation Office also included a search warrant covering multiple locations. This is to execute a search warrant to determine President Yoon’s location and secure new soldiers in case he is not at the official residence.
However, if the Presidential Security Service blocks it, there is a possibility that execution may fail. In particular, if supporters and other protesters flock to the official residence and build a layered defense line, it appears that it will be difficult to force their way through it.
In fact, an arrest warrant was issued for former Democratic Party leader Han Hwa-gap on charges of receiving illegal political funds worth 1 billion won in 2004, but about 200 party members blocked the party’s entrance and prevented the execution, and he was eventually indicted without detention. In the same year, former United Liberal Democrats lawmaker Lee In-je, for whom an arrest warrant was issued on charges of violating the Political Fund Act, also refused to execute the warrant for 18 days. The execution of an arrest warrant for former Grand National Party lawmaker Jeong Hyeong-geun, who was accused of defamation in the 2000 ‘media policy document’ incident, was also blocked by party members blocking the front of the company.
④ If arrested, where will the investigation be conducted?
If the arrest of President Yoon is successful, the investigation will be conducted at the Corruption Investigation Office building in the Gwacheon Government Complex. An official from the Public Prosecution Service said, “If necessary, we can create a separate investigation space to conduct the investigation.” If President Yoon is arrested, the Corruption Investigation Office must decide whether to request an arrest warrant within 48 hours from the time of arrest, independently of the investigation.
Reporter Song Yu-geun [email protected]
Reporter Koo Min-ki [email protected]
Reporter Heo Dong-jun [email protected]
Reporter Choi Mi-song [email protected]
Reporter Shin Na-ri [email protected]