Separate Notifications for Presidential Attendance... Internal Investigation Going Its Own Way

Prosecutors' Special Unit "Summon Yoon by the 21st"
Joint Investigation Team Publicly Delivers Summons
Conflict Emerges Over Investigation of Key Figures

The prosecution and the Joint Investigation Headquarters (police, Corruption Investigation Office for High-ranking Officials, Ministry of National Defense), which are investigating the 12·3 Emergency Martial Law incident, continue their investigative competition by separately proceeding with summons notifications for President Yoon Seok-yeol, who has been identified as the 'ringleader of the rebellion.' It appears that 'disjointed investigations' will continue until the special prosecutor (special investigation team) is launched.

The Taegeukgi and prosecution flags are fluttering in the wind in front of the Seoul Central District Prosecutors' Office building. Photo by Heo Young-han

According to the legal community on the 17th, the Prosecution's Emergency Martial Law Special Investigation Headquarters sent a summons to President Yoon's side on the previous day, requesting him to appear for questioning by the 21st. Earlier, on the 11th, the prosecution had sent an official letter to President Yoon ordering him to appear at the Seoul Central District Prosecutors' Office at 10 a.m. on the 15th, but President Yoon's side reportedly refused, citing that the legal team had not yet been fully assembled.

On the same day, the Joint Investigation Headquarters sent four investigators to the Yongsan Presidential Office building and the Hannam-dong residence to deliver the summons to President Yoon, but the Presidential Security Service refused to accept it, resulting in failure. Consequently, the Joint Investigation Headquarters sent the summons by registered mail marked 'special delivery' to the General Affairs Secretary's Office of the Presidential Secretariat.

Since it is customary to coordinate the appearance schedule with the subject or their legal representatives when a suspect's summons is necessary during an investigation, the Joint Investigation Headquarters' attempt to deliver the summons publicly is considered unusual. Given that the summons request to President Yoon came later than the prosecution's, it is interpreted as a determination not to fall behind in the ongoing investigative competition.

Officials from the Joint Investigation Headquarters investigating the December 3 emergency martial law incident are seen moving away after failing to deliver a summons to President Yoon Suk-yeol in front of the presidential residence in Hannam-dong, Yongsan-gu, Seoul on the 16th. Photo by Yonhap News

Separate from the summons request to President Yoon, investigations into key figures are also proceeding independently. The prosecution has arrested former Capital Defense Command Commander Lee Jin-woo, who is suspected of deploying subordinate units to the National Assembly during the martial law, and has conducted the first interrogation after arresting former Defense Counterintelligence Command Commander Yeo In-hyung, accelerating efforts to clarify the duties and objectives of the martial law forces. The Joint Investigation Headquarters has urgently detained Moon Sang-ho, Commander of the Defense Intelligence Command, and former Commander No Sang-won to investigate the deployment of personnel to the National Election Commission and the drafting of the proclamation order.

However, during this process, conflict between the two sides surfaced when the prosecution disapproved the police's urgent detention of Commander Moon, citing procedural issues. The prosecution pointed out, "Considering the investigation and detention circumstances, this urgent detention violates the jurisdiction provisions of the Military Court Act."

On the other hand, the police rebutted that there is no problem since they have investigative authority over active-duty soldiers. The police stated, "Investigative authority and judicial authority are distinct, and the police made the urgent detention due to urgency and necessity," adding, "We regret the prosecution's disapproval and plan to conduct a thorough investigation."