Expanding possibility of indictment dismissal with Yoon‘s release

Mar 10, 2025, 10:14 am

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President Yoon Suk Yeol waves to supporters as he leaves Seoul Detention Center in Uiwang, Gyeonggi Province, after a court revoked his detention on March 8, 2025./ Photographed by Lee Byung-hwa

AsiaToday reporters Nam Mi-kyng & Kim Hyung-joon

President Yoon Suk-yeol has been released after 52 days of incarceration due to the cancellation of his arrest. The criminal trial that follows is expected to be tumultuous, as the Seoul Central District Court, which granted the cancellation of his arrest, is also handling the first trial of the insurrection charges. The court is expected to strictly examine the legality of the investigation procedures in the criminal trial for the insurrection charges.

As the court scrutinizes the legality of the investigation authority of the Corruption Investigation Office for High-ranking Officials (CIO), some in the legal community suggest that the indictment may be dismissed.

According to the legal community on Sunday, the Seoul Central District Court's Criminal Division 25 mentioned the issue of the legality of the CIO's investigation authority as the reason for canceling President Yoon's arrest. The court pointed out that it is desirable to ensure the clarity of procedures and resolve any doubts about the legality of the investigation process, indicating that it is necessary to argue whether the CIO's investigation of the insurrection charges is appropriate. The court essentially accepted President Yoon's argument that it was illegal for the CIO, which does not have the authority to investigate insurrection charges, to investigate President Yoon's insurrection charges as a "related crime" of abuse of power and then have the prosecution indict him.

The Seoul Central District Court's Criminal Division 25 is also handling the first trial of President Yoon's insurrection charges. Therefore, some in the legal community predict that the indictment may be dismissed. If the prosecution fails to prove the legality of the CIO's investigation of the insurrection charges, the court may rule that both the CIO's investigation and the prosecution's indictment are invalid. According to Article 327 of the Criminal Procedure Act, if the procedure for filing an indictment is deemed invalid due to a violation of legal provisions, the court can rule for dismissal of the indictment in the first trial.

"The court has doubts about the legality of the investigation, so the prosecution must prove that the CIO's investigation process was legal. The CIO will claim that they continued the related investigation after recognizing the rebellion charges while investigating abuse of power, but they must provide concrete evidence for this. If they fail to do so, the possibility of dismissal of the indictment seems high," a prosecutor-turned-lawyer said.

There are also views that dismissal of the indictment is practically difficult. "Unless the case lacks the legal requirements for the main issue, it is not easy to judge for dismissal. Since the results obtained through the CIO's investigation are few, and substantial judgment can be made through the investigation records of the police and prosecution, there is a higher possibility of insufficient evidence rather than dismissal," said Jang Young-soo, a professor at Korea University's School of Law.

A fierce legal battle is expected between President Yoon's side and the prosecution over the legal interpretation of whether the CIO's investigation authority includes insurrection charges on the upcoming second preparatory hearing for President Yoon's criminal trial to be held on March 24.

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