Han Deok-su's 'Special Prosecutor Law Resistance' Disrupts Yoon Seok-yeol's Summon and Arrest Schedule

Korean Acting President's Special Prosecutor Veto Deadline January 1
If Yoon Refuses Summons, Arrest and Detain for 20 Days
Delay in Special Prosecutor Announcement Causes Domino Effect on Schedule

Acting Prime Minister Han Duck-soo has been repeatedly delaying the promulgation of the 'Special Investigation Law on Treason,' causing the schedule for the forced investigation of President Yoon Seok-yeol to become increasingly tangled. The Joint Investigation Headquarters (Joint Headquarters) sent a summons to President Yoon (on the 25th) as a 'final ultimatum.' They are also considering emergency arrest if he refuses to appear.

The variable here is the special prosecutor (special investigation). Even if President Yoon is arrested and detained for 48 hours, and then held in custody, the maximum period is 20 days. If the special prosecutor is not launched within the detention period, it will be difficult to tighten the investigation net around President Yoon. For the process of 'arrest → detention → indictment' to occur, the special prosecutor, who holds both the investigation and prosecution rights for treason, must be launched during the detention period. While the Joint Headquarters can detain President Yoon, it has the limitation of lacking prosecution rights.

On the 22nd, a legal circle official said, "Even if the Joint Headquarters secures President Yoon's custody, if the special prosecutor is not activated during that period, the detention itself has little significance," emphasizing, "This is why Acting Prime Minister Han must quickly make a decision regarding the special prosecutor."

In fact, voices have consistently called for the introduction of a special prosecutor to coordinate the prosecution rights held by the Joint Headquarters and the prosecution and investigation rights for treason held by the prosecution, each having their own shortcomings. The special prosecutor bill stipulates that 'the Joint Headquarters and prosecution must transfer investigation materials,' aiming to end disputes over investigation rights and urgently preserve evidence. If Acting Prime Minister Han delays the launch of the special prosecutor, it will become difficult to set a date for emergency arrest even if President Yoon refuses to appear.

Meanwhile, on the 17th, the 'Special Investigation Law on Treason' and the 'Special Investigation Law on Mrs. Kim Geon-hee' were sent to the government. The deadline for exercising the right to request reconsideration (veto) is within 15 days from the day after the bill is sent, which is by January 1 of next year. The Special Investigation Law on Treason includes provisions for the special prosecutor to investigate all suspicions related to the December 3 emergency martial law incident. Acting Prime Minister Han and the Cabinet members who attended the State Council meeting reviewing the emergency martial law are also defined as suspects.