Former South Korean Prime minister Faces Arrest Warrant in Martial Law Controversy
A special prosecutor’s office has requested the arrest of former South Korean Prime Minister Han Duck-soo, escalating a political crisis stemming from a controversial attempt to declare martial law in December.The move, announced on Friday, accuses Han of complicity with former President Yoon Suk-yeol in a scheme that critics have labeled an insurrection, and further accuses him of perjury and obstruction of justice. this marks the first time in South Korean history an ex-prime minister has faced the possibility of arrest.
The investigation centers around events last December, wich have continued to generate headlines and sparked a major institutional crisis in the Asian nation. Prosecutors, led by Cho Eun-seok, contend that Han, as second-in-command and Vice Chairman of the State Council, had a constitutional duty to prevent the imposition of martial law but rather actively aided Yoon’s efforts. “The prime minister is the only public official directly appointed by the president, and plays a role in defending the Constitution as the primary institution of the State,” stated a spokesperson for the investigative team, Park Ji-yeong, according to the Yonhap news agency. “Han was the highest authority who could have prevented the imposition of an unconstitutional and illegal martial law.”
Initially a witness in the broader investigation into the attempted imposition of martial law, Han is now considered a key suspect. The 54-page arrest request details allegations that Han convened a cabinet meeting prior to the proposed declaration “not with the objective of stopping the measure, but to give an appearance of legality to the process.” Prosecutors claim he merely assembled the minimum quorum of 11 ministers without ensuring genuine deliberation. He is also accused of drafting a document to rectify legal flaws in the initial proclamation, a document that was allegedly destroyed to “avoid further controversy,” as reported by Chosumbiz.
This latest progress contrasts with a March ruling by the Constitutional Court, which reinstated Han to his position as acting president. Han had briefly assumed the presidency in mid-December following Yoon’s impeachment by the National Assembly,but was himself impeached shortly after. The Constitutional Court overturned that second impeachment in March, stating there was insufficient evidence to support the Assembly’s accusations of complicity with Yoon. However, the court notably did not rule on the legality of the martial law declaration itself.
Han now faces additional charges of perjury, accused of misleading both the Constitutional Court and the National Assembly by initially denying knowledge of the martial law proclamation document. He later admitted to receiving the document from the former president during questioning on December 19th. The prosecution cites the severity of the alleged offenses, the risk of evidence tampering and flight, and the potential for recidivism as justification for his detention.
A judge will now decide whether to authorize Han’s preventative detention. A hearing to evaluate the request is scheduled for next week. If approved, Han will be imprisoned while the investigation continues. This outcome could potentially broaden the investigation to include othre members of Yoon’s cabinet. Rejection of the arrest warrant would allow Han to remain free, but the criminal investigation would proceed, potentially leading to a future trial.However, such a rejection would be a notable setback for the prosecution, weakening their case and providing ammunition for the defence.
The special prosecution team was established earlier this summer following the passage of a law in Parliament championed by current President Lee Jae-myung, who won the June 3rd elections. Led by Cho Eun-suk – a prominent figure in the South Korean judiciary known for her work on the 2014 Sewol ferry disaster investigation, which resulted in 304 deaths – the team possesses extraordinary powers, including the ability to issue court orders, conduct searches, interrogate suspects, and request arrest warrants for high-ranking officials.
The team’s overarching goal is to clarify the criminal responsibilities of former President yoon and those involved in his alleged insurrectionary plan last december. In April, the Constitutional Court unanimously confirmed yoon’s impeachment, paving the way for further criminal investigations. Yoon has since been formally indicted for leading an insurrection, a crime punishable by life imprisonment or even the death penalty (though a moratorium on capital punishment has been in place since 1997) and is currently in pre-trial detention. Yoon’s wife, Kim Keon-hee, is also in pre-trial detention, facing separate investigations into alleged corruption, stock manipulation, and abuse of power.
