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Special counsel Cho’s tactical playbook draws from ancient strategy

Published: 04 Jul. 2025, 00:02 Updated: 15 Jul. 2025, 14:47

Kang Ju-an

The author is an editorial writer at the JoongAng Ilbo.

As former President Yoon Suk Yeol faces mounting legal pressure in the special investigation into the December 2024 martial law crisis, observers are turning to the writings of Special Counsel Cho Eun-suk for clues to his strategy.

In 2019, while serving as head of the Justice Training Institute, Cho authored a book titled "The Sense of Investigation." Subtitled “Do not let crime pass a prosecutor too easily,” the book is part practical guide and part philosophical reflection on criminal investigations. In one chapter, Cho draws parallels between prosecutorial tactics and the ancient Chinese military treatise “Thirty-Six Stratagems,” focusing particularly on the 13th strategy, “Beat the grass to startle the snake.” The idea is to flush out a hidden target not by stealth, but through conspicuous probing that compels the subject to reveal themselves.

Former President Yoon Suk Yeol arrives at the Seoul High Prosecutors’ Office in Seocho District on June 28. [JOINT PRESS CORPS]

The memory of that stratagem resurfaced on June 28, when Yoon appeared at the Seoul High Prosecutors’ Office for questioning by Cho’s special counsel team — his first voluntary attendance since the declaration of martial law last December. Cho’s prior example in the book also involved a high-profile target: a 1999 corruption case involving executives at a major public company. After arresting five senior officials, the CEO went into hiding. Cho’s team made a show of investigating the suspect’s hometown and publicly questioning residents, ensuring that word reached the fugitive. Eventually, the man appeared at a hotel in southern Seoul, no longer able to remain underground.

The current investigation into Yoon has adopted similarly high-pressure tactics. After receiving the case from police, Cho’s team swiftly filed for an arrest warrant — an unusual step given that Yoon had not yet been directly summoned by the special counsel. The warrant request was widely publicized, fueling speculation that Cho’s team intended to pressure Yoon into a voluntary appearance. Although Yoon had ignored three police summons, some critics argued the special counsel should not have treated that as grounds for immediate arrest. Yoon’s legal team denounced the move as “procedurally unjustified,” yet stated he would comply with a formal summons from the special counsel. Days later, Yoon appeared voluntarily for questioning.

Adding to the surprise, Cho’s team charged former Defense Minister Kim Yong-hyun with additional counts during the investigation’s early stages. Typically, special counsel teams begin with search and seizure operations to gather evidence and assert investigative authority. For example, on July 3, another special counsel team led by Min Jung-ki launched a high-profile raid on Sambu Construction as part of its probe into former first lady Kim Keon Hee’s alleged misconduct — a textbook example of how such teams signal their launch.

Instead, Cho’s team filed new charges against Kim. To do so, they had to draft an entirely separate indictment from the one already under review in court, suggesting a high degree of preparation and confidence. This move came even before the team had fully staffed its investigative personnel. Kim, who had previously declined a court offer for release on bail, was retaken into custody.

Meanwhile, Yoon refused to appear for a second summons on July 1. He has been asked to present himself again on July 4, now under renewed threat of arrest. In the days leading up to the new deadline, Cho’s team summoned a series of high-ranking figures: former Prime Minister Han Duck-soo, former Senior Presidential Secretary for Civil Affairs Kim Joo-hyun and former Presidential Security Service Deputy Director Kim Sung-hoon. Each summons addressed different aspects of the martial law case, including the drafting of the martial law declaration, clandestine meetings at safe houses, and the obstruction of search warrants.

Former Prime Minister Han Duck-soo heads to the Seoul High Prosecutors’ Office in Seocho District, southern Seoul, on July 2 to appear for questioning by the special counsel investigating the martial law case. [YONHAP]

Ironically, Yoon’s initial noncompliance may have bought the special counsel time to organize its case. On the same day, President Lee Jae Myung held a press conference marking his 30th day in office — during which he reiterated plans for prosecutorial reform — Yoon was being investigated on charges of masterminding a coup attempt.

Of the 36 ancient stratagems, Cho has only deployed one. Thirty-five remain. Rather than request another one-hour delay, Yoon might be better served by arriving early tomorrow to offer a full and candid explanation before the law.

Correction, Jul. 15: An earlier version of this article misstated December 2024 martial law crisis as 2023

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