How Will the Investigation of Arrested President Yoon Proceed? [AK Radio]

Unprecedented Arrest of Sitting President in Constitutional History
Charged with Abuse of Power and Leading a Rebellion
CIO May Request Detention Warrant After Investigation

The Joint Investigation Headquarters (JIH), centered around the Corruption Investigation Office for High-ranking Officials (CIO) and the police, executed an arrest warrant for President Yoon Seok-yeol at 10:33 a.m. on the 15th. This occurred 43 days after the declaration of martial law on December 3rd. It marks the first time in the history of the Republic of Korea that a sitting president has been arrested. It is expected to be recorded as an unprecedented case globally.

President Yoon is accused of abuse of power and being the ringleader of a rebellion. He was arrested six hours after the execution of the second arrest warrant and is currently being investigated at the CIO interrogation room in Building 5 of the Gwacheon Government Complex in Gyeonggi Province. Although there were initial concerns about a violent incident during the arrest process, no security personnel were arrested during the execution.

Yoon: "Although the investigation is illegal, I complied to prevent bloodshed"

Just before the arrest, President Yoon had a brief meeting with members of the People Power Party at the presidential residence and stated, "I do not acknowledge the CIO investigation," but also expressed that "I complied with the arrest to prevent an unfortunate bloodshed." He further added, "The law has collapsed," and lamented, "It is deplorable that coercive procedures are being carried out based on an invalid warrant."

The CIO is reported to have prepared about 200 pages of interrogation materials for approximately three weeks. Since the law requires either filing for detention or release within 48 hours, a rigorous investigation is expected. Initially, it was reported that Chief Prosecutor Cha Jeong-hyun would conduct the investigation, but Deputy Chief Lee Jae-seung of the CIO carried it out. Deputy Chief Lee, a former prosecutor, is from the 30th Judicial Research and Training Institute, seven classes junior to President Yoon. From 2:40 p.m., Deputy Chief Lee Jae-hwan has been conducting the investigation.

The core of the investigation will likely focus on the 'nature of martial law' and 'whether orders were given'

The investigation can be summarized into three main points. First, it will clarify whether the declaration of emergency martial law was an act of governance or an act of rebellion. While President Yoon claims it was an 'inevitable act of governance,' the CIO is expected to focus on proving that it constitutes the crime of rebellion, defined as a 'riot aimed at disrupting the constitutional order.'

Second, based on testimonies from already detained former Defense Minister Kim Yong-hyun, Defense Security Command Commander Lee Jin-woo, Special Warfare Command Commander Kwak Jong-geun, and others, the investigation will verify whether President Yoon gave specific orders. In particular, whether there were direct orders related to the military's entry into the National Assembly and the forced removal of lawmakers is expected to be a critical issue.

Additionally, the investigation will likely cover the procedural legality of the martial law declaration, whether there was prior collusion, and whether foreign exchange crimes apply.

President Yoon Seok-yeol, who was arrested by the Joint Investigation Headquarters, is entering the Gwacheon Public Officials Corruption Investigation Office building on the 15th. Photo by Yoon Dong-ju

Future developments... from detention investigation to impeachment trial

Since President Yoon has so far defined the CIO investigation as illegal and shown a stance of non-cooperation, there is a possibility he will exercise his right to remain silent. He has already declared that he will not acknowledge the CIO investigation. If the CIO completes the investigation within 48 hours and files for a detention warrant which is then granted, President Yoon will be detained at Seoul Detention Center.

Including the arrest period, investigation can last up to 20 days before indictment. This period will be divided and used through consultation between the CIO and the prosecution. Since the CIO does not have prosecution rights, the prosecution will handle the indictment. Meanwhile, President Yoon’s arrest is expected to accelerate the National Assembly’s push for a special investigation law on rebellion and the Constitutional Court’s impeachment trial.