Presidential Office Search Under Close Watch... Will Yoon, Who Says 'Won't Evade Responsibility,' Respond?

Prosecution and Police Accelerate Treason Investigation Targeting Yoon
Presidential Office Search Warrants Under Park Administration Failure in Focus
Yoon Denies Charges, Uncertain if He Will Comply with Search
Criminal Procedure Law Requires Yoon's Consent for Office and Residence Search

President Yoon Suk-yeol is delivering a national address at the Presidential Office building in Yongsan, Seoul, on the 7th. Photo by Yonhap News

As the prosecution and police investigating the emergency martial law incident increase pressure on those involved, there is an analysis that they may conduct a search and seizure of the Presidential Office, the highest authority. Although a search and seizure within the Presidential Office premises has never been carried out before, this time the charges involve the serious crime of treason, and since the investigative agencies have declared a principle of "strict investigation regardless of rank or status," there is a high possibility that an attempt to conduct a search and seizure will be made.

According to the Presidential Office and political circles on the 11th, the prosecution, police, and the High-ranking Officials' Crime Investigation Division (Gongsoocheo) formed an investigative council on the same day to prove the charges related to the emergency martial law incident, raising concerns inside and outside Yongsan. Since President Yoon's public announcement of the emergency martial law on the 7th, the Presidential Office has remained silent, but it is reported to be closely monitoring the investigation situation, including the Ministry of Justice's travel ban on President Yoon and the arrest warrant request for former Minister of National Defense Kim Yong-hyun the day before.

As the investigation gains momentum, whether a search and seizure of the Presidential Office will be conducted has become a matter of intense interest. Earlier, Gongsoocheo stated its position to "strictly investigate national incidents regardless of rank or status," and the prosecution's special investigation headquarters also said, "We will strictly investigate solely based on law and principles, regardless of rank or status." The police also emphasized, "We will thoroughly investigate according to law and principles without any sanctuary."

For now, it is assessed that a search and seizure of the Presidential Office is not easy while the president remains in office. Article 110 of the Criminal Procedure Act stipulates that "places requiring military secrets cannot be searched or seized without the consent of the person responsible." The president's office and residence, as the commander-in-chief of the armed forces and the diplomatic representative of the country, contain many sensitive military and diplomatic secrets, which may qualify them as "places requiring military secrets."

On the afternoon of the 8th, participants are shouting related slogans at the "5th Gwangju Citizens' General Rally Urging the Arrest and Detention of Yoon Seok-yeol, the Chief of the Constitutional Violation and Rebellion," held at the 5·18 Democracy Square in Dong-gu, Gwangju. Photo by Yonhap News

Previously, during the 2017 Park Geun-hye corruption scandal, the special prosecutor team led by Park Young-soo attempted to search the Blue House but failed due to refusal by the Blue House. At that time, the special prosecutor sent a cooperation letter to Acting President Hwang Kyo-ahn, as Park was suspended from duty following the passage of the impeachment motion in the National Assembly, but this was also rejected. Subsequently, most searches of the Blue House were conducted through voluntary submissions, which were largely ineffective. The special prosecutor team filed a suspension of execution with the court against the Blue House's refusal to approve the search, but the Seoul Administrative Court's Administrative Division 4 dismissed the case. The court explained, "The refusal of the Blue House to approve the search cannot be challenged through institutional litigation," and "It is appropriate to resolve this legislatively."

President Yoon stated in his public address on the 7th, "I will not evade legal and political responsibility regarding this martial law declaration," but it is unknown whether he will tolerate a search and seizure of the Presidential Office. However, if an attempt to conduct a search and seizure occurs after the National Assembly passes an impeachment motion against President Yoon, the intention of the acting president is expected to be important.

The prosecution and police are accelerating the investigation. On the 8th, an unusual search and seizure was conducted on the office of the Minister of National Defense. Although there have been several past searches of offices within the Ministry of National Defense building, this is reportedly the first time the minister's office has been searched. The prosecution pointed out in the arrest warrant request for former Minister Kim the day before that President Yoon was effectively identified as the mastermind of the treason, making a forced investigation of the president inevitable.

It is also not possible to rule out the possibility that investigative agencies will seek to secure President Yoon's custody. The crime of treason does not grant the president immunity from prosecution, so in principle, investigation, arrest, detention, prosecution, and punishment are possible. The National Assembly passed a resolution in the afternoon session demanding the swift arrest of President Yoon and eight key figures, including former Minister of the Interior and Safety Lee Sang-min. However, it remains difficult to predict whether the investigation team will attempt to breach the security office and arrest President Yoon while he is still in office. The investigation team is expected to first observe the issuance of the arrest warrant for former Minister Kim and then focus on questioning related suspects such as the counterintelligence commander.