Professor Cha Seong-an, Former Judge, Says "If Yoon Ordered Security Service to Use Force, It Constitutes Incitement to Rebellion"

"Public Officials May Lose Status and Pension Due to Obstruction of Official Duties"

As the attempt to execute the second arrest warrant for President Yoon Suk-yeol draws near, Professor Cha Seong-an of Seoul National University of Science and Technology Law School advised the Presidential Security Service staff, saying, "Even if you refuse the order to block the execution of the arrest warrant, you will not be punished for insubordination or dereliction of duty," and urged them "not to worry."

Professor Cha, a former judge at the Seoul Central District Court, explained on June 13 on MBC Radio's 'Kim Jong-bae's Focus' that "Security Service staff are not military personnel, so they do not fall under insubordination," and added, "While public officials can be charged with dereliction of duty, refusing an unjust and illegal order cannot be punished."

On the 12th, barbed wire was installed on the fence of the presidential residence in Hannam-dong, Yongsan-gu, Seoul. Photo by Yonhap News.

He became a topic of discussion after posting '7 Questions and Answers on Legal Consultation for Presidential Security Service Staff and Their Families' on social media the previous day.

The Q&A he posted included seven questions and answers such as ▲Whether refusing orders to block the execution of President Yoon's arrest warrant results in punishment for insubordination ▲Whether merely pretending to provide security leads to punishment for dereliction of duty ▲Whether disciplinary action is taken for non-compliance with orders ▲Whether a guilty verdict for (special) obstruction of official duties affects public official status or pension ▲What penalties apply if firearms or other weapons are used, among others.

Professor Cha advised that if Security Service staff obstruct the execution of the arrest warrant and receive a guilty verdict for special obstruction of official duties, it would be difficult for them to receive their public official pension. He explained, "Half of the public official pension would be lost," and "Once the verdict is finalized, they will naturally lose their status as public officials." He then urged President Yoon, saying, "There are family livelihoods and it will not be easy to find a new job, so as the head, is it responsible behavior to push the Security Service staff into a corner? I urge you to voluntarily appear now."

He also said, "Security Service staff are public officials who have studied hard and trained in martial arts," and "They are not people who would become accessories to a serious crime by blocking a legitimate arrest warrant issued against a president who has become a criminal."

Regarding reports that President Yoon recently instructed Security Service executives to consider using force if the investigative agency attempts to execute the second arrest warrant, Professor Cha pointed out, "If President Yoon ordered the use of weapons to fight, it would be a very dangerous act amounting to incitement of rebellion." He added, "If force is used, it would be close to a civil war," and said, "I believe such a thing will not happen."