Authorities request arrest warrant for President Yoon

Dec 31, 2024, 10:00 am

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President Yoon Suk-yeol/ Source: Yonhap News

AsiaToday reporter Park Sae-young

A joint investigation team filed an arrest warrant for President Yoon Suk-yeol. An arrest warrant for a sitting president without flight risk is unprecedented in constitutional history, predicting fierce debates over its legality.

The team consisting of the Corruption Investigation Office for High-ranking Officials (CIO), the National Police Agency and the investigation unit of the Ministry of National Defense, filed the request to the Seoul Western District Court at midnight Sunday. Yoon is being charged with insurrection and abuse of power.

Under the Criminal Procedure Act, an investigative agency can request an arrest warrant from the court if a suspect repeatedly refuses to cooperate without justifiable reasons. Typically, investigative agencies request an arrest warrant if the accused fails to comply with a summons three times. The CIO had previously summoned President Yoon three times on charges of insurrection and abuse of power, but he did not appear on Dec. 18, 25, and 29, leading to the investigation being halted.

In response to the arrest warrant request, Yoon’s legal defense team claimed that it is unlawful and should be dismissed because the CIO is not authorized to investigate insurrection charges. It said that the request is illegal in that both the CIO and the prosecution do not have the authority to legally investigate the insurrection charges, and the joint investigation team are arbitrary organization with no legal basis.

Yun Gap-geun, one of Yoon’s legal representatives, submitted a statement of opinions to the court regarding the warrant request and the appointment of lawyers, along with Kim Hong-il, former head of the Korea Communications Commission and the chief representative of Yoon’s legal team.

Yoon’s side strongly criticized the investigation team’s request for an arrest warrant, comparing it to a military operation. “Even in a general criminal case, we make a request for attendance in consideration of the schedule by discussing with the person concerned, but they requested an arrest warrant at midnight as if they were conducting a military operation even though there was no fear of fleeing or destroying evidence,” Yoon’s legal side said in the statement.

“Treason is an exceptionally grave offense compared to abuse of power, and linking such a minor charge to treason lacks legal validity,” Yun said. “It is a bizarre logic to claim the right to the body because it has the right to the tail.”

“The basic position is that President Yoon only gave instructions through former Defense Minister Kim Yong-hyun, and called military and police officials on the front lines to find out the situation on the ground or to encourage them,” the lawyer said. Above all, he stressed that the impeachment trial is currently underway in the Constitutional Court, so the truth and facts of the case should be identified through the process.

The Seoul court will decide whether to issue an arrest warrant following the request.

#Yoon Suk-yeol #arrest warrant