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Former President Yoon must face justice in line with public expectations

Published: 26 Jun. 2025, 00:00

Former President Yoon Suk Yeol appears at the Seoul Central District Court in Seocho District, southern Seoul, on June 23. [YONHAP]

The special counsel team investigating the insurrection has requested a warrant for the arrest of former President Yoon Suk Yeol and placed him under a travel ban, signaling a renewed push in its investigation. This is not the first time legal proceedings have been initiated. Before the special counsel's involvement, the Corruption Investigation Office for High-ranking Officials also pursued arrest and detention during Yoon’s presidential tenure. That Yoon remains free today reflects the unprecedented legal and political complexity of the past six months.

From the beginning, Yoon refused multiple summons for questioning and defied enforcement of an arrest warrant by the CIO. Just before being apprehended, he declared the investigation illegal. On the day the court ordered him detained, his supporters turned the Seoul Western District Court into chaos. Yoon challenged the method for calculating his detention period, leading to a rare court decision to cancel his detention. Because prosecutors did not appeal, he was released 52 days after his arrest, despite facing insurrection charges. The Constitutional Court later removed him from office, and he is now standing trial without detention.

Park Ji-young, deputy special counsel, emphasized in a statement this week that Yoon is the only suspect who has refused to comply with questioning. Park added that the special counsel would not be “dragged around” and cited the principle of beopbulagwi — “the law does not defer to the powerful” — suggesting previous investigations may have lacked neutrality.

Whether or not Yoon still qualifies as “powerful” after losing office is debatable. But it is hard to deny that he has attempted to benefit from legal technicalities that contradict public expectations of fairness. His trial contrasts starkly with those of military and police officials who have been detained on charges of carrying out insurrection-related duties per his direction. Given that leading an insurrection is punishable by death or life imprisonment — a harsher penalty than murder — it is widely argued that he should be tried in detention.

Park Ji-young, deputy special counsel on the Cho Eun-seok special investigation team probing the December 3 martial law case, briefs reporters at the Seoul High Prosecutors’ Office in Seocho District, southern Seoul, on June 24, announcing that a warrant for the arrest of former President Yoon Suk Yeol on charges including obstruction of official duties has been requested. [YONHAP]

Meanwhile, former Defense Minister Kim Yong-hyun, newly indicted by the special counsel, has also resisted legal proceedings. His six-month detention period for the first trial ends on Thursday. Because the special counsel filed for an extension, Kim’s legal team responded with a motion to recuse the presiding judge, accusing the court of colluding in an “unlawful indictment.” When the court rejected the motion, Kim’s team filed several more recusal requests, which the court immediately dismissed, calling them blatant attempts to delay proceedings.

Such procedural obstruction has become a pattern only in the cases of Yoon and Kim, provoking public outrage. As former holders of the nation’s highest offices, both men owe the Korean public a sense of accountability. At the very least, they must respond to legal proceedings with the dignity and responsibility expected of ordinary citizens.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.