Gongjobon Demands President's "Appearance on 18th"... Transfer of Key Suspect Case from Guksubon to Corruption Investigation Office

The Joint Investigation Headquarters (JIH), which is investigating the ‘12·3 Emergency Martial Law’ incident, decided on the 16th to request President Yoon Seok-yeol to appear at the High-ranking Officials’ Crime Investigation Office (HOCI) at 10 a.m. on the 18th. Attention is focused on which agency will conduct the investigation of President Yoon, who has already refused a summons from the prosecution once.

On the same day, the JIH delivered a summons for President Yoon to the Presidential Office by hand. It is reported that the police listed President Yoon as a suspect on charges including rebellion and abuse of authority in the summons, specifying him as the ringleader (head) of the rebellion.

President Yoon Suk-yeol. Photo by Yonhap News

The Special Investigation Unit of the National Police Agency’s National Investigation Headquarters transferred cases related to five individuals involved in the ongoing emergency martial law investigation to the HOCI on the same day. These individuals include President Yoon, former Minister of National Defense Kim Yong-hyun, former Minister of the Interior and Safety Lee Sang-min, Army Chief of Staff Park An-su, and Commander of the Defense Counterintelligence Command Yeo In-hyung.

Since the police cannot directly request search warrants or arrest warrants from the court, it appears they judged that it would be better to transfer the case to the HOCI for joint investigation rather than requesting a warrant through the prosecution, which is competing to secure President Yoon’s custody. A police official stated, "We plan to continue providing materials obtained through the emergency martial law investigation to the HOCI and carry out joint investigations."

The Prosecution’s Special Investigation Headquarters for Emergency Martial Law, which notified President Yoon on the 11th to appear on the 15th but was refused citing reasons such as hiring a lawyer, has announced a second summons for President Yoon. The prosecution is expected to seek an arrest warrant to secure custody if President Yoon continues to refuse the summons.

Since the lead in this investigation depends on who secures President Yoon’s custody, both the prosecution and the HOCI are likely to request arrest warrants after 2 to 3 summonses. Prior to that, there is also a possibility that President Yoon will choose to appear at one agency and directly decide the investigating agency.

Meanwhile, the Constitutional Court, which received the impeachment petition against President Yoon on the 14th, held its first meeting of constitutional justices on the morning of the same day to discuss the schedule for handling the case, including the formation of a legal review task force (TF) composed of constitutional researchers. The presiding justice will be selected through a computerized draw within the day, and two justices who will conduct preparatory procedures for the trial will also be appointed.

Although the Constitutional Court Act stipulates a 180-day period for impeachment trial proceedings, the court plans to proceed as swiftly as possible considering the gravity of the matter. In the case of former President Park Geun-hye, it took 91 days from receipt of the case to the verdict. If the three vacant justices are appointed within this month, it is anticipated that the Constitutional Court’s final decision could come as early as February.