While the High-ranking Public Officials Crime Investigation Agency and the police are planning to execute the second arrest warrant for President Yoon Seok-yeol as early as the morning of the 15th, the investigation team is said to be reviewing the procedures following the arrest and response plans in case the arrest is not made.
The Corruption Investigation Office plans to conduct an investigation into the suspect at the Corruption Investigation Office building at the Gwacheon Government Complex once President Yoon is arrested. It is reported that the Corruption Investigation Office set up an investigation room with rest facilities and prepared a video recording investigation to investigate President Yoon. The Seoul Central District Prosecutors’ Office also established a separate investigation room as a courtesy to former presidents when investigating former President Park Geun-hye in 2017 and former President Lee Myung-bak in 2018.
According to the Criminal Procedure Act, the Corruption Investigation Office must decide whether to request an arrest warrant for President Yoon within 48 hours from the time of arrest. If an arrest warrant is requested, President Yoon will await the results of the warrant review at the Corruption Investigation Office’s investigation office or the Seoul Detention Center. In the case of former President Park, she waited inside the Seoul Central District Prosecutors’ Office building due to security issues.
The Corruption Investigation Office plans to immediately request a prior arrest warrant if the arrest fails again. It is known that the currently issued arrest warrant is valid until just before the Lunar New Year, but since arrest is difficult, it is returned to the court and an arrest warrant is requested instead. There is also interest in which court the Corruption Investigation Office will request an arrest warrant from. While the Corruption Investigation Office requested arrest warrants for former Minister of National Defense Kim Yong-hyun and Intelligence Commander Moon Sang-ho to the Seoul Central District Court, the arrest warrant for President Yoon was unusually requested to the Seoul Western District Court, sparking controversy over ‘judge shopping.’ There is also talk of the possibility that the Corruption Investigation Office will transfer the case to the prosecution without requesting an arrest warrant to avoid controversy.
There is also criticism in the legal community that the Corruption Investigation Office should have requested a pre-arrest warrant earlier after the first arrest failed on the 3rd. As President Yoon’s side protested, saying, “The Corruption Investigation Office is not a legitimate investigative agency,” the intention is that even if he is arrested, the investigation will be ineffective. Some point out that the prolonged standoff after the failure to execute the first warrant only increased fatigue. Concerns about physical conflict between the Presidential Security Service and the police have also increased. Previously, President Yoon’s side said, “We will submit to a court trial if we file an indictment first or request a preliminary arrest warrant.”
Reporter Heo Dong-jun [email protected]
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