Prosecutors' Office Executes Arrest Warrant for President Yoon... Standoff Continues in Front of the Residence

Passing the Second Blockade Line After Entering Gonggwanchon Main Gate
President Yoon's Side: "Unconstitutional and Illegal Warrant Execution"

On the 3rd, the High-ranking Officials' Crime Investigation Division, which is investigating President Yoon Seok-yeol on charges of rebellion and abuse of authority related to the 12·3 emergency martial law incident, attempted to execute an arrest warrant against President Yoon. However, the Presidential Security Service blocked the attempt, resulting in a standoff throughout the morning.

If the execution of the arrest warrant against President Yoon fails, there is speculation that the Corruption Investigation Office for High-ranking Officials (CIO) may immediately request a detention warrant and move to secure the president's custody.

On the 3rd, when the High-ranking Officials' Crime Investigation Agency proceeded to execute an arrest warrant for President Yoon Seok-yeol, supporters of President Yoon Seok-yeol were struggling with the police at the entrance of the presidential residence in Hannam-dong, Yongsan-gu, Seoul. Photo by Jo Yong-jun

About 20 CIO prosecutors and investigators departed from the Government Complex Gwacheon at around 6:14 a.m. in five vehicles and arrived at the presidential residence in Hannam-dong, Yongsan-gu, Seoul, at approximately 7:15 a.m. Lee Dae-hwan, head prosecutor of the Investigation Division 3, who is leading the investigation, personally proceeded with the execution of the arrest warrant.

The CIO prosecutors and investigators, who were confronting the Presidential Security Service that had blocked the main gate of the residence with a minibus, entered through the main gate of the official residence village at around 8:04 a.m. after negotiations with security personnel.

However, the CIO prosecutors and investigators were unable to enter the residence building and again faced off against the security forces controlled by the Presidential Security Service. The Security Service maintained its stance of "taking protective measures for the president according to legal procedures" and established a second line of defense inside the official residence village to block the prosecutors and investigators from entering the residence. Until now, the Security Service has refused searches of the presidential residence based on Article 5 of the Presidential Security Act, which allows the head of the Security Service to designate security zones and conduct safety activities such as access control within those zones.

After passing the second line of defense around 10 a.m., the CIO prosecutors and investigators presented the arrest warrant to the head of the Security Service and requested cooperation but were still unable to enter the residence. The head of the Security Service reportedly maintained the position of refusing the search citing the Security Act and the designated security zone.

If the CIO secures President Yoon's custody on this day, he is expected to be immediately transported to the CIO office at the Government Complex Gwacheon for suspect interrogation. The investigation of President Yoon will be conducted by Lee Dae-hwan, head of Investigation Division 3, and Cha Jeong-hyun, chief prosecutor of Investigation Division 4.

The CIO is reported to have prepared a questionnaire exceeding 100 pages in anticipation of questioning President Yoon. Recently, the CIO received and analyzed investigation records related to co-conspirators in the rebellion charges, including the interrogation records of former Defense Minister Kim Yong-hyun from the prosecution and police, and supplemented the questionnaire for President Yoon accordingly.

On the 3rd, as the High-ranking Officials' Crime Investigation Agency proceeded with the execution of an arrest warrant for President Yoon Seok-yeol, Odongun, the head of the High-ranking Officials' Crime Investigation Agency, was arriving at the Government Gwacheon Complex in Gyeonggi. Photo by Kang Jin-hyung

President Yoon is accused as the ringleader of the rebellion, conspiring with former Minister Kim, who was previously indicted for important rebellion-related duties, to declare martial law on the 3rd of last month and incite a riot with the intent to disrupt the constitutional order. Specifically, the charges include ▲attempting to block the National Assembly and obstruct the resolution to lift martial law ▲ordering the arrest of politicians and other key figures ▲seizing the Central Election Commission and removing servers, and attempting to arrest key Election Commission staff.

After the investigation, he will be detained at Seoul Detention Center. The validity period of the arrest warrant issued this time is until the 6th. If the execution of the arrest warrant fails on this day, the CIO may attempt to execute the warrant once more, but realistically, considering the difficulty of arrest, it is also likely that the CIO will immediately request a detention warrant for President Yoon.

President Yoon's side has consistently maintained that the issuance of this arrest warrant is illegal. Their position is that the police alone have investigative authority over the crime of rebellion, and the CIO has no investigative authority in this matter. On the other hand, the CIO has judged that it can investigate related crimes of abuse of authority, for which it has investigative power, and has requested the police and prosecution to transfer related cases, subsequently taking over the investigation.

President Yoon's side has also argued that it was illegal for the CIO to request arrest and search warrants from the Seoul Western District Court, despite the jurisdiction for cases prosecuted by the CIO being the Seoul Central District Court under the CIO Act. They claim that the CIO chose a court with a higher likelihood of issuing the warrant without any special circumstances recognized by law that would allow an exception in jurisdiction. They pointed out that Jeong Gye-seon, a Constitutional Court justice recommended by the Democratic Party and inaugurated the day before, was the chief judge of the Seoul Western District Court, and that Ma Eun-hyuk, a chief judge whose appointment was delayed due to political bias controversies, also works at the Seoul Western District Court. Both are members of the progressive "Uri Law Research Association," criticizing this as "warrant shopping."

Additionally, President Yoon's side argues that it was illegal for Lee Soon-hyung, the chief judge in charge of warrants at the Seoul Western District Court, to write on the search warrant that "the application of Articles 110 and 111 of the Criminal Procedure Act is excluded." These articles prohibit seizure or search without the consent of the person in charge or the relevant public office when the place requires military secrecy (Article 110) or when a public official or office reports that the matter concerns official secrets (Article 111). It is unusual to exclude the application of these provisions on a warrant. The legal community is divided between the view that since the seizure is of a person for arrest, not of objects, this is a natural clarification, and the view that the warrant judge exceeded his authority.

President Yoon's side also claims that "the CIO's execution of the warrant with support from police riot squads is an illegal act without legal grounds," and argues that "any citizen, including the Security Service, can make a citizen's arrest." They cite the absence of comprehensive investigative command authority over the police in the CIO Act for CIO prosecutors, unlike prosecutors at the prosecution office.

Earlier, President Yoon's side filed a constitutional dispute lawsuit with the Constitutional Court against CIO Chief Oh Dong-woon and Judge Lee, who issued the warrant, and even applied for a provisional injunction to suspend the effect of the arrest warrant.

After the CIO began executing the arrest warrant on this day, Yoon Gap-geun, a lawyer for President Yoon, stated, "The CIO's warrant request, lacking investigative authority over the crime of rebellion, is illegal, and the issuance of the warrant is unconstitutional and illegal, rendering it null and void. Executing it constitutes an illegal act. If the CIO executes an unconstitutional and illegal warrant with police cooperation, both the CIO and the police have committed the crime of illegal arrest under Article 124 of the Criminal Act."

He added, "Currently, objection procedures regarding the warrant are underway at the Constitutional Court and courts, and legal measures will be taken concerning any illegalities during the execution process."

Seok Dong-hyun, a lawyer who is a classmate from Seoul National University Law School and a 40-year close friend of President Yoon Seok-yeol, spoke to reporters on the 19th in front of the Seoul High Prosecutors' Office building regarding the investigation into President Yoon on charges of insurrection and the impeachment trial. Lawyer Seok is answering reporters' questions. Photo by Heo Young-han

Lawyer Seok Dong-hyun wrote on his Facebook at around 9:45 a.m. on the same day, "At this moment, CIO staff have entered inside the main gate of the presidential residence, but I am confident that the execution of the arrest warrant will not proceed today. However, watching the situation unfold, I think the CIO is acting recklessly and lawlessly beyond imagination."

He added, "Considering that no judicial evaluation has yet been made on the current political situation, if the CIO arrests and detains a sitting president based on an arrest warrant issued by a single judge's shortsighted decision, the negative repercussions and the emotional turmoil experienced by 50 million ordinary citizens and 7.5 million compatriots worldwide should be considered even a little. The CIO chief is a judge with no investigative experience, and the CIO has only a few available investigators. They should not act so frivolously and recklessly."

Before executing the arrest warrant, the CIO sent a warning letter to the Security Service stating that "failure to comply with the execution of the arrest warrant constitutes obstruction of official duties." It is also known that electronic letters requesting cooperation in executing the arrest warrant were sent to Choi Sang-mok, acting president, Jeong Jin-seok, chief of the Presidential Secretariat, and Bang Ki-seon, head of the Office for Government Policy Coordination.

About 150 personnel, including 30 CIO staff and 120 police special unit members, were deployed for the execution of the arrest warrant against President Yoon on this day. Of these, about 80 personnel, including 30 CIO prosecutors and investigators and 50 police officers, entered the official residence village. Around the Hannam-dong residence, 45 police riot squads totaling approximately 2,700 officers were deployed.