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For the first time in the constitutional history of South Korea, a presidential arrest warrant has been issued, and the court has determined that President Yoon Suk-yeol is involved in the crime of insurrection.
According to Yonhap News Agency, on 12/31, the South Korean court issued an arrest warrant for President Yoon Suk-yeol, who is suspected of inciting insurrection during the early December martial law incident. This is the first time in the constitutional history of South Korea that an arrest warrant has been issued for a sitting president, and it is expected to have significant political and legal implications. The Prosecutor's Office for High-ranking Officials' Crimes (referred to as the Prosecution) is expected to execute the arrest warrant at President Yoon's residence in the near future.
The South Korean court found the suspicion of internal rebellion to be established! Arrest warrant issued for Yoon Suk-yeol
On the morning of 12/31, the dedicated judge of the Seoul Western District Court approved the arrest warrant application filed by the High-ranking Officials' Crime Investigation Department against President Yin, and also issued a search warrant for the presidential residence.
The court believes that there is sufficient evidence to support the suspicion that President Yin is involved in internal turmoil and abuse of power. Although this is not the stage of conviction, it indicates sufficient reason to suspect his involvement in related criminal activities.
The prosecution argues the necessity of compulsory investigation
The prosecutor's office pointed out that President Yin mobilized the martial law troops and police to block the Congress and issued unconstitutional notices to prevent the Congress from lifting martial law, which constitutes a riot with the aim of undermining the national constitutional government. In addition, the act of attempting to arrest and detain members of Congress and officials of the Central Election Management Committee without arrest warrants further demonstrates the inevitability of forced investigation. The court accepted this claim and ultimately issued arrest warrants.
Refusing to attend the summons, detention cannot be avoided.
The court pointed out that President Yin's refusal to attend the public prosecutor's office for the third time indicates that detention is inevitable. The public prosecutor's office has requested President Yin's attendance on the 18th, 25th, and 29th of this month (as a final deadline), but all have been refused. President Yin even refused to accept the summons and did not provide a legitimate reason for not attending, leading to obstruction of the investigation.
President Yin claimed that attending the summons may threaten his personal safety and affect the security arrangements, but the court did not accept this argument.
The legality dispute of the public prosecutor's investigation comes to an end.
President Yin's side has argued that the Public Prosecution Office has no authority to investigate the crime of internal turmoil, and therefore the issuance of the arrest warrant is illegal. However, the court ruled that the investigation by the Public Prosecution Office into the abuse of power is legal, and that there is also a legal basis for the investigation into the suspicion of internal turmoil. As a result, the controversy over the legality of the investigation has temporarily come to an end.
Execution of arrest warrant may lead to physical clashes
With the issuance of the arrest warrant, the prosecutor's office is expected to go to President Yin's official residence in Hannam-dong, Yongsan-gu, Seoul to execute the arrest. The validity period of the arrest warrant is usually one week, and it is expected to be executed within this period.
However, as President Yin is currently protected by the Presidential Security Office, the process of executing the arrest may lead to physical conflicts. In the past, there have been cases where political figures were unable to execute arrest warrants due to obstruction by supporters, and a similar situation may arise this time.
This article is the first presidential arrest warrant in the history of South Korean constitutional politics. The court has determined that President Yoon Seok-yul is involved in the crime of insurrection. It first appeared in Chain News ABMedia.