Agencies compete for 'insurrection leader' Yoon investigation as defense minister faces arrest

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Agencies compete for 'insurrection leader' Yoon investigation as defense minister faces arrest

Published: 10 Dec. 2024, 18:24 Updated: 10 Dec. 2024, 18:32

LEE SOO-JUNG
[email protected]

Audio report: written by reporters, read by AI

Former Defense Minister Kim Yong-hyun, left, whispers to President Yoon Suk Yeol during a military parade held in central Seoul in October. [JOINT PRESS CORPS]

Three investigative agencies are wrestling over authority to probe President Yoon Suk Yeol’s short-lived martial law decree, employing strong language like "insurrection leader" to describe Yoon and imposing a first-ever travel ban on a sitting president.

In an application for an arrest warrant against ex-Defense Minister Kim Yong-hyun filed Monday, the special investigation bureau under the Supreme Prosecutors’ Office designated Yoon as an insurrection leader.

Prosecutors wrote that “Kim conspired with Yoon and instigated a riot with the purpose of harming the Constitution," according to Yonhap News Agency, quoting the legal community. Kim is suspected of preparing a martial law decree and advising Yoon to declare martial law. On Dec. 3, Yoon imposed emergency martial law nationwide.

Korea’s Criminal Act places those involved in insurrection into three categories: leaders, key personnel in plotting or commanding an insurrection, and those who merely participated in such acts per orders from their superiors.

The prosecutorial investigation bureau applied the first category to Yoon, potentially subjecting him to the death penalty or a life sentence.

Kim, whose charges belong in the second tier, is likely to face either the death penalty or imprisonment for five years or more if convicted.

Kim did not attend the hearing for his arrest Tuesday, saying that morning that responsibility for the situation rested entirely with him.

The hearing lasted only about 20 minutes. The Seoul Central District Court is expected to decide on the arrest warrant as early as Tuesday evening. Upon issuance, prosecutors can detain and investigate Kim for 20 days.

Park Se-hyun, the head of the special prosecutorial investigation, attends a briefing at the Seoul High Prosecutors' Office in southern Seoul on Sunday. [YONHAP]

During three rounds of questioning between Sunday and Monday, Kim stated that he “advised President Yoon to declare martial law and orchestrated the martial law force’s entry into the National Assembly.” His remarks can be interpreted as admitting to the accusations.

Prosecutors reportedly view other military commanders who allegedly ordered the martial law force's raid of the parliament as accomplices to treason as well.

The special investigation bureau conducted a four-hour search and seizure operation at the Defense Counterintelligence Command and the residence of its commander, Lt. Gen. Yeo In-hyung, on Monday. The command is accused of preparing documents on martial law command operations last month and attempting to arrest politicians during the martial law.

Yeo, an alumnus of Choongam High School along with Yoon and Kim, was summoned by the prosecution office on Tuesday.

On Monday, prosecutors also questioned Lt. Gen. Kwak Jong-geun, head of the Special Warfare Command and other commanders involved in sending martial law forces into the parliament and the National Election Commission.

Army Chief Park An-su, who served as martial law commander, and other Defense Ministry officials present in a situation room of the Joint Chiefs of Staff during the martial law were also questioned as witnesses by the prosecution.

The National Office of Investigation under the National Police Agency on Sunday [YONHAP]

On Tuesday, the National Police Agency’s special investigation unit also officially demanded Prime Minister Han Duck-soo attend questioning as a suspect in imposing martial law. It also booked Yoon as a suspect for treason a day earlier.

Ministers who attended the Cabinet meeting where Yoon informed them of the plan to declare martial law were summoned by police. Police said they would take swift legal measures against those who refuse to appear, including forced questioning.

Police are also targeting military figures involved in the martial law operations. Police confiscated ex-defense chief Kim’s mobile device and his laptop on Sunday. Forensic analysis is underway.

The police investigation unit also placed a travel ban on ex-Interior Minister Lee Sang-min, ex-Defense Minister Kim, Park and Yeo. Yeo also allegedly asked the head of the national police agency to track the whereabouts of key political figures for arrest on the day of the martial law imposition.

The Corruption Investigation Office for High-ranking Officials (CIO), an independent law enforcement agency capable of indicting prosecutors and senior government officials, emerged as a third player.

Oh Dong-woon, chief prosecutor of the CIO, said his agency is also investigating the matter “in the spirit of saving the nation without limits.” Oh noted that he is willing to “investigate diligently with the principle of detaining major criminals like treason leaders and their collaborators."

On Monday, the CIO applied for a travel ban against Yoon at around 3 p.m., which was issued by the Ministry of Justice 17 minutes later. Oh said his agency will “review” whether to impose a travel ban on first lady Kim Keon Hee, who has faced allegations of stock manipulation.

BY LEE SOO-JUNG, KIM JUNG-MIN, NA UN-CHAE, CHOI SEO-IN [[email protected]]