Prosecutors Conduct Simultaneous Raids on Police and Ministry of National Defense...Conflict Rekindled Over 'Emergency Martial Law Investigation'

Prosecutors Seize Mobile Phone of National Police Agency Chief
National Police Agency Expresses Regret Over Coordination Team Formation
Power Struggle Over Investigation of December 3 Emergency Martial Law Incident

The prosecution investigating the '12·3 Emergency Martial Law Incident' has launched a forced investigation into the Police National Investigation Headquarters (Guksubon) and the Ministry of National Defense Investigation Headquarters, striking at the Joint Investigation Headquarters (Gongjobon) involving these agencies. As the prosecution seized mobile phones of police officers in the Guksubon investigation line, including Director Woo Jong-su, conflicts between agencies over control of the investigation have flared up again.

The Prosecution Emergency Martial Law Special Investigation Headquarters (Head: Park Se-hyun, Seoul High Prosecutors' Office Chief Prosecutor) conducted a search and seizure on the 19th at the Police National Investigation Headquarters, Yeongdeungpo Police Station, and the Ministry of National Defense Investigation Headquarters regarding the 'arrest squad mobilization suspicion' during the previous emergency martial law. They also secured mobile phones of about 10 senior officials from the Guksubon, including Director Woo Jong-su. Although the prosecution transferred the case of President Yoon Seok-yeol's rebellion charges to the High-ranking Officials' Crime Investigation Office (Gongsucho), which participates in the Joint Investigation Headquarters, the next day they targeted other agencies involved in the Joint Investigation Headquarters, complicating the investigation situation.

Officials from the Emergency Martial Law Joint Investigation Headquarters are arriving at the Yongsan Presidential Office Civil Petition Office on the 16th. Photo by Yonhap News

The prosecution took a 'strong approach' based on suspicions that the Guksubon supported the 'arrest squad' with violent crime detectives on the 3rd at the request of the Military Counterintelligence Command (Bangcheop). The Guksubon expressed displeasure over the prosecution's seizure of witnesses' mobile phones, stating, "We deeply regret the seizure of witnesses' mobile phones even though the Joint Investigation Headquarters was formed for a strict investigation." The Guksubon claimed that they only provided a list of 10 detectives to form a joint investigation team and denied any orders to arrest lawmakers.

The Joint Investigation Headquarters consists of three agencies: the High-ranking Officials' Crime Investigation Office, the Guksubon, and the Ministry of National Defense Investigation Headquarters. The legitimacy of the Joint Investigation Headquarters, which overnight shifted from being the investigation body to the investigation target, may be questioned. If suspicions about the involvement of Guksubon and Ministry of National Defense Investigation Headquarters officials in operating the 'arrest squad' during the emergency martial law are revealed through the prosecution's investigation, criticism may arise that these agencies are conducting a 'self-investigation' of the martial law.

In the legal community, there are cautious views that the 'power struggle' between the prosecution and the Joint Investigation Headquarters, which seemed to have been settled with the transfer of President Yoon's case, may resume with this search and seizure. Furthermore, there is a possibility that intensified inter-agency conflicts and difficulties in cooperation may hinder future investigations and trials.