The Corruption Investigation Office Requests Transfer of 'Martial Law Incident' to Prosecutors and Police... "Ensuring Speed and Fairness of Investigation"

PCC "Resolving Concerns Over Duplicate Investigations"
Article 24, Paragraph 1 of the PCC Act Presented

The High-ranking Officials' Crime Investigation Agency (Gong-su-cheo) requested on the 8th to transfer the ongoing investigation of the 'December 3 Emergency Martial Law Declaration' case to the prosecution and police.

Through a press release on the same day, Gong-su-cheo stated, "The head of Gong-su-cheo exercised the right to request transfer to resolve concerns about overlapping investigations and to ensure the speed and fairness of the investigation."

Signboard of the Corruption Investigation Office at the Government Gwacheon Complex. Photo by Yonhap News

Article 24, Paragraph 1 of the Gong-su-cheo Act stipulates that if the prosecution or police conduct overlapping investigations with Gong-su-cheo, the head may request a transfer if it is deemed appropriate for Gong-su-cheo to conduct the investigation considering the progress and fairness of the investigation, and in such cases, the relevant investigative agencies must comply.

Since December 3, immediately after President Yoon Seok-yeol declared martial law, Gong-su-cheo formed a task force (TF) directly under the head to review legal issues and consider whether to initiate compulsory investigations. As a result, they internally concluded that judicial action against military personnel is possible.

Accordingly, on the 6th, Gong-su-cheo requested an arrest warrant from the court for former Minister of National Defense Kim Yong-hyun, a suspect charged with the crime of rebellion under the Criminal Act and abuse of authority obstructing the exercise of rights. However, the court recognized Gong-su-cheo's investigative authority but dismissed the warrant citing reasons such as "duplicate requests for warrants with identical or similar content."

Gong-su-cheo explained that the court also requested, "Considering the efficiency of the investigation, take substantial (reasonable) measures such as coordinating among investigative agencies (prosecution, Gong-su-cheo, police, etc.) to avoid duplication."

Gong-su-cheo said, "Under the head's command, all investigative personnel (15 prosecutors and 36 investigators) will be deployed to do their best to collect evidence necessary for a swift investigation." They added, "Initial investigations such as questioning key related persons will be conducted promptly, and measures necessary for the investigation, such as searches and seizures and witness interviews, will be coordinated with related investigative agencies."

Meanwhile, the National Investigation Headquarters of the National Police Agency responded to Gong-su-cheo's transfer request on the same day, stating, "We will announce our position after legal review."