Continued Police Consultations on Role Allocation
Execution Cooperation Letter Sent to Acting Chief Choi and Others
Yoon's Side Intensifies Outside Public Opinion Battle
Some Raise 'Special Privilege' Criticism
Even on the third day since the court issued an arrest warrant for President Yoon Seok-yeol, the High-ranking Officials' Crime Investigation Unit (HOCIU) did not carry out the execution on the 2nd.
According to the legal community on that day, the HOCIU did not attempt to execute the arrest warrant for President Yoon. Although the warrant was issued by the Seoul Western District Court on December 31 last year, and the expiration date of its validity was four days away on the 6th, no attempt to execute it was made.
The HOCIU is likely to proceed with executing the arrest warrant as early as the 3rd. It is understood that most preparations, such as drafting the questionnaire for President Yoon's investigation and arranging the investigation room and rest areas, have been completed.
Supporters gathered in front of the main gate of the presidential residence in Hannam-dong, Yongsan-gu on the 2nd, as the High-ranking Officials' Crime Investigation Agency announced its intention to execute the arrest warrant for President Yoon Seok-yeol, who is accused of being the ringleader of a rebellion and abuse of authority, before its expiration on the 6th. Photo by Yonhap News
Furthermore, if the arrest is made, it is reported that Lee Daehwan, Head of Investigation Division 3, and Cha Jeonghyun, Head of Investigation Division 4, will be assigned to investigate President Yoon. After the resignation of Song Changjin, Head of Investigation Division 2, the plan is to deploy all currently serving chief prosecutors to mount an 'all-out effort.' The HOCIU has also established a basic policy to execute the warrant in cooperation with the police, who have formed a joint investigation headquarters, and to arrest anyone obstructing the execution on charges of obstruction of official duties.
However, it is reported that the execution did not proceed on that day because there remain detailed adjustments to be made regarding the division of roles between agencies and response plans for various scenarios during the execution process.
The day before, the HOCIU sent official letters to Choi Sangmok, Acting Prime Minister and Minister of Strategy and Finance, Jeong Jinseok, Chief of the Presidential Secretariat, and Bang Giseon, Director of the Office for Government Policy Coordination, requesting them to "direct the Security Office and others to cooperate with the execution procedures." These individuals have command authority over the Security Office and the Presidential Secretariat. It is known that they did not separately respond to the official letters.
While the execution of the HOCIU warrant is delayed, President Yoon's side is intensifying its response by simultaneously pursuing legal action and an external public opinion campaign. On the 31st of last month, President Yoon's legal team filed a constitutional complaint and a provisional injunction to suspend the effect, arguing that the court issued an arrest warrant without proper authority.
On the 1st, they raised an issue with the expression in the arrest warrant stating that "Articles 110 and 111 of the Criminal Procedure Act do not apply," calling for the disqualification and disciplinary action of the judge in charge of the warrant, and planned to file an additional constitutional complaint.
The level of the public opinion campaign is also increasing. In an A4-sized message delivered to supporters the previous afternoon, President Yoon stated, "The Republic of Korea is now in danger due to the agitation of forces infringing on sovereignty inside and outside the country and anti-state forces," and added, "I will fight to the end with you to protect this country."
In addition, the legal team issued a statement that day claiming, "If the police riot squad executes the arrest and search warrants on behalf of the HOCIU, the Security Office as well as any citizen could be arrested on the spot for abuse of authority and obstruction of official duties." This has been interpreted as an indirect 'directive' to rally supporters gathered at the presidential residence and physically block the execution of the warrant.
Within the legal community, concerns are growing that the longer the HOCIU deliberates, the more difficult it will become to execute the warrant. Criticism is also being raised that by not following the usual investigative practice of immediately arresting once a warrant is issued, the HOCIU is granting special treatment to President Yoon, unlike other criminal suspects. On the previous day, HOCIU Chief Oh Dong-woon stated, "We will enforce the law strictly but with courtesy," and "The warrant will be executed within the deadline."
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