Prosecutor's Office Cannot Investigate Treason
'Judge Shopping' Arrest Warrant Invalid
"Principle of Guaranteeing Non-Detention Investigation Must Be Upheld"
On the 3rd, Kwon Young-se, Emergency Response Committee Chairman of the People Power Party, expressed regret over the High-ranking Officials' Crime Investigation Unit (HCIC) attempting to execute an arrest warrant for President Yoon Seok-yeol at the presidential residence in Hannam-dong, Seoul, calling it "extremely unfair and an unlawful overreach" and stating, "Such attempts must never happen again."
Chairman Kwon canceled his scheduled appointments that afternoon and held an emergency press conference at the National Assembly, pointing out the illegality and unfairness of the HCIC's attempt to execute the arrest warrant against President Yoon. Earlier that morning, the HCIC tried to enter the presidential residence to execute the arrest warrant but halted the operation and withdrew around 2:05 p.m. after a standoff with the Presidential Security Service.
Kwon Young-se, Emergency Response Committee Chairman of the People Power Party, is speaking at the meeting of ruling and opposition party leaders chaired by National Assembly Speaker Woo Won-shik at the National Assembly on the 31st. Photo by Kim Hyun-min
Chairman Kwon said, "It is fortunate that the attempt was stopped at this point," and criticized, "This attempt is, in short, an unfair deal between the HCIC and the political arena."
Regarding the arrest warrant attempted to be executed that day, Chairman Kwon pointed out, "According to Article 84 of the Constitution, the HCIC, which does not have investigative authority, obtained the warrant through 'judge shopping.'" According to the People Power Party, the HCIC cannot investigate charges of rebellion, and the current president cannot be prosecuted for abuse of power. Therefore, they regard the arrest warrant issued on the 31st of last month and attempted to be executed that day as invalid.
The arrest warrant includes a clause stating exceptions to the application of Articles 110 and 111 of the Criminal Procedure Act, which Chairman Kwon also criticized as illegal. He stated, "Arbitrarily excluding the application of legal provisions is an overreach of the judiciary and a violation of the separation of powers." Articles 110 and 111 of the Criminal Procedure Act specify that places requiring military secrecy or objects related to official secrets cannot be searched or seized without the consent of the person responsible.
Chairman Kwon emphasized, "The HCIC has said it will request a detention warrant following the arrest warrant, but there is no risk of flight, and given the investigation has progressed significantly with no concern of evidence destruction, non-custodial investigation should be guaranteed as a principle," adding, "The public cannot agree to harsher investigations simply because the subject is the sitting president."
He continued, "With the Constitutional Court justices partially appointed, a prompt review of the impeachment proposal is possible," and said, "Since the Presidential Office has expressed willingness to cooperate, investigations and inquiries by investigative agencies such as the HCIC can proceed during that process." He further stated, "More than ever, investigations must be conducted fairly based on legal principles and evidence, and judgments must be strict," warning, "The unlawful issuance and execution of arrest warrants undermine trust in the judiciary and may lead to public division. Going forward, the HCIC and police must cease overreaching actions such as forced warrant executions."
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