The Joint Investigation Headquarters, a joint investigation agency among the prosecutors, the police, and the Office of the Chief Corruption Investigation (CIO), sent a formal subpoena to President Yoon Seok-yeol, who is accused of being the “mastermind behind the incident.” Rebellion. ”
This came after prosecutors had already requested his appearance in court. Since the National Assembly passed the impeachment bill suspending Yun from office on December 14, prosecutors, police, and the CIO have all been racing to summon him for questioning.
On December 16, the Martial Law Special Investigation Headquarters of the Prosecutors’ Office (headed by Chief Prosecutor Park Se-hyun) announced that it had issued a second subpoena to President Yoon. Similar to the first summons, prosecutors cited charges of “ringleadership of rebellion” and “abuse of power and obstruction of the exercise of rights” under the criminal code. Mr. Yoon was asked to appear at the Seoul Central District Public Prosecutors Office at 10 a.m. on December 21st. The subpoenas were delivered both by electronic message and by mail.
Prior to this, on December 11th, the prosecution sent a summons to Mr. Yoon to appear in court on December 15th, but Mr. Yoon’s defense team refused, citing the incomplete composition of the defense team. did. In response, the prosecutor’s office issued a second summons to appear.
Prosecutors reportedly warned that if Yoon did not respond to the summons without justifiable reason, they would request an arrest warrant and take enforcement action. On the same day, prosecutors arrested two key military figures: Special Forces Commander Kwak Jeong-geun and Capital Defense Commander Lee Jin-woo. Both men were involved in the controversial deployment of troops to parliament on the day martial law was declared. Prosecutors believe that a direct investigation into Yoon is essential given the detention of former Defense Minister Kim Yong-hyun and National Defense Security Commander Yeo In-hyun, among other military figures.
The Joint Investigation Headquarters also issued a summons to Mr. Yoon to appear at the CIO office at 10 a.m. on December 18th, and the police, who had originally investigated Mr. Yoon’s alleged rebellion, handed over the case to the CIO, and the CIO I reported it to Mr. About the date of appearance. The CIO is also investigating former Defense Minister Kim Yong-hyun, former Minister of Administration and Security Lee Sang-min, former Army Chief of Staff Park Ahn-soo (who also served as martial law commander), and Defense Security Commander Yeo-in. Hyun — all were charged with sedition along with Yun.
The Special Investigation Headquarters of the Prosecutor’s Office and the Joint Investigation Headquarters have requested Yoon to appear in court, and all eyes are on where Yoon will ultimately appear for questioning. The term “forum shopping” is typically used in legal proceedings, but it is being used to describe Yun’s unique position, as he technically has the ability to choose which law enforcement agencies to confront. . Mr. Yun may choose a venue that he deems more favorable to his case and may opt for a single integrated investigative session.
On the other hand, some in Mr. Yoon’s camp argue that the president’s declaration of martial law should not be subject to judicial review, and have suggested that Mr. Yoon may not respond to the summons. If he continues to defy interrogation demands, authorities could seek a court-issued arrest warrant.
Legal experts say Yoon’s failure to respond to the investigation could be grounds for further dismissal. The precedent is clear. In the case of former President Park Geun-hye, who faced impeachment in 2017, the Constitutional Court criticized her for not cooperating with prosecutors and the special investigation team. In its impeachment ruling, the court stated, “President Park has failed to fulfill her promise to the people and has not shown a clear intention to protect the Constitution.”
Yun himself previously vowed to “take full legal and political responsibility for the declaration of martial law.” If she does not cooperate with the investigation, she could be seen as a repeat of Park Geun-hye.
Yoon has currently formed a legal team led by former Broadcasting and Communications Commission Chairman Kim Hong-il, and is actively discussing strategies to respond to the ongoing investigation.
See also: “It shocked the people, but it was not a power grab” Yoon Seok-yeol’s lawyer denies any connection to the rebellion