President surely knows he must cooperate
Published: 31 Dec. 2024, 20:00
Yesterday, a court issued an arrest warrant for President Yoon Suk Yeol on charges of masterminding an insurrection and abusing his authority. Prior to this, a joint investigation team composed of the police, the Corruption Investigation Office for High-ranking Officials (CIO) and the Ministry of National Defense’s investigative bureau had submitted the warrant request to the Seoul Western District Court. The court granted the warrant, citing President Yoon's “failure to comply with lawful summons by investigative authorities without valid reasons” and “substantial evidence supporting the alleged crimes.”
However, Yoon’s legal team has contested the warrant, claiming it is invalid as it was requested by the CIO, which they argue lacks jurisdiction over insurrection charges. They plan to file for a constitutional adjudication and seek a provisional injunction with the Constitutional Court to suspend the warrant’s execution. While the current CIO Act does not explicitly include insurrection among its investigable offenses, the CIO has maintained that it can investigate insurrection as an offense related to abuse of authority and has been working in cooperation with the police, which does hold jurisdiction over insurrection charges. During a briefing, the CIO stated, “The court’s issuance of the arrest warrant indicates that there are no issues regarding the investigation’s legitimacy.” Despite President Yoon’s legal team submitting an opinion claiming the CIO’s investigation into insurrection to be unlawful, the court’s decision to issue the warrant effectively sided with the corruption investigation agency.
President Yoon now has no valid justification to refuse to cooperate with the investigation. As a former prosecutor, he fully understands the significance of an arrest warrant. His legal team’s arguments appear to many citizens as nothing more than an attempt to delay the inevitable.
If Yoon continues to defy the investigation and the CIO and police are forced to execute the warrant, there is a risk of confrontation with his security detail. Any obstruction of the warrant’s execution by the Presidential Security Service could result in charges of obstructing official duties against its personnel. Already, military and police leaders involved in moving troops on the president's orders have been detained. Will Yoon also compel his security staff to act unlawfully? For him, as the ultimate authority responsible for the martial law incident, to evade investigation would epitomize irresponsibility. To minimize unnecessary conflict and tensions, the best course of action is for President Yoon to voluntarily comply and appear for questioning before the warrant expires.
Translated using generative AI and edited by Korea JoongAng Daily staff.
However, Yoon’s legal team has contested the warrant, claiming it is invalid as it was requested by the CIO, which they argue lacks jurisdiction over insurrection charges. They plan to file for a constitutional adjudication and seek a provisional injunction with the Constitutional Court to suspend the warrant’s execution. While the current CIO Act does not explicitly include insurrection among its investigable offenses, the CIO has maintained that it can investigate insurrection as an offense related to abuse of authority and has been working in cooperation with the police, which does hold jurisdiction over insurrection charges. During a briefing, the CIO stated, “The court’s issuance of the arrest warrant indicates that there are no issues regarding the investigation’s legitimacy.” Despite President Yoon’s legal team submitting an opinion claiming the CIO’s investigation into insurrection to be unlawful, the court’s decision to issue the warrant effectively sided with the corruption investigation agency.
President Yoon now has no valid justification to refuse to cooperate with the investigation. As a former prosecutor, he fully understands the significance of an arrest warrant. His legal team’s arguments appear to many citizens as nothing more than an attempt to delay the inevitable.
If Yoon continues to defy the investigation and the CIO and police are forced to execute the warrant, there is a risk of confrontation with his security detail. Any obstruction of the warrant’s execution by the Presidential Security Service could result in charges of obstructing official duties against its personnel. Already, military and police leaders involved in moving troops on the president's orders have been detained. Will Yoon also compel his security staff to act unlawfully? For him, as the ultimate authority responsible for the martial law incident, to evade investigation would epitomize irresponsibility. To minimize unnecessary conflict and tensions, the best course of action is for President Yoon to voluntarily comply and appear for questioning before the warrant expires.
Translated using generative AI and edited by Korea JoongAng Daily staff.
with the Korea JoongAng Daily
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