Yoon's Third Appearance Demand: The Calculations of the Public Corruption Investigation Office... A De Facto 'Final Ultimatum'

At 10 AM on the 29th, to the Gwacheon Government Complex's Corruption Investigation Office
Preemptive move to block procedural flaws before forced investigation
President Yoon appoints impeachment trial defense team
Increased possibility of responding to investigation... "Will comment later"

The High-ranking Officials' Crime Investigation Unit (PCC) has issued a third summons to President Yoon Seok-yeol, who is accused of leading an insurrection, drawing attention to the background of this move. It is interpreted as a 'final ultimatum' to President Yoon's side, effectively blocking any procedural flaws in the investigation.

On the 26th, one day before the first preparatory hearing for the impeachment trial of President Yoon Suk-yeol, pro- and anti-impeachment groups held picket protests around the presidential residence in Hannam-dong, Yongsan-gu, Seoul. Photo by Kang Jin-hyung

The Joint Investigation Headquarters (Joint HQ), composed of the PCC, the National Police Agency's National Investigation Headquarters, and the Ministry of National Defense's Investigation Headquarters, sent a third summons to President Yoon on the 26th, ordering him to appear at the PCC office in the Government Complex Gwacheon at 10 a.m. on the 29th for questioning. This came just one day after President Yoon ignored the second summons on Christmas Day, the 25th. As with previous summonses, the Joint HQ sent the documents via express mail (next-day delivery) and electronic official letters to the President's residence, the Presidential Secretariat's General Secretary's Office, and the Presidential Office.

Despite President Yoon's failure to respond to the two previous summonses, the PCC chose to issue an additional summons rather than immediately request an arrest warrant, reflecting a judgment that procedural legitimacy must be secured before initiating compulsory investigation against a sitting president. Although criminal procedure law does not specify a fixed number of summonses, it is customary for investigative agencies to proceed with compulsory detention procedures, such as requesting an arrest warrant, if a suspect refuses to appear three times without valid reason.

In fact, legal circles have speculated that an early request for an arrest warrant is possible, considering the gravity of the charges against President Yoon and the successive arrests of those involved in the emergency martial law. The PCC is also reported to have recognized that President Yoon's repeated refusal to receive summonses and failure to appear twice meet the criminal procedure law's criteria for arrest: 'refusal to appear without justifiable reason or the risk of such refusal.'

Signboard of the High-ranking Officials' Crime Investigation Agency at the Gwacheon Government Complex. Photo by Heo Young-han

Nevertheless, the PCC appears to have decided to grant an additional opportunity for voluntary appearance to prevent unnecessary misunderstandings and procedural flaws during the investigation. It is also known that the PCC took into account that President Yoon's side had not submitted a notice of attorney appointment by the second summons date.

At the same time, the PCC clearly expressed its intention to conduct a swift investigation. The third summons was issued immediately the day after President Yoon ignored the second summons, and the date was set just three days later. This is interpreted as a display of confidence that the investigation is prepared to directly question President Yoon. Scheduling the investigation on a Sunday, another holiday following Christmas, is also seen as a move to reduce security and protection burdens and to focus solely on this investigation.

However, there is speculation that this third summons is effectively a final ultimatum, as the PCC may face criticism for being dragged along by President Yoon's side, which is employing a 'stalling' strategy, given that President Yoon is a lawyer and former Prosecutor General. Since President Yoon's side broke their silence by appointing a legal team for the impeachment trial on the 27th and deciding to attend the preparatory hearing, it is likely they will also respond to the PCC investigation going forward. Yoon Gap-geun, the attorney in charge of public relations for President Yoon's impeachment trial legal team, told Asia Economy in a phone interview that "Due to the preparatory hearing, we will comment on whether President Yoon will appear before the PCC at a later time."