Lee Wan-kyu, head of the Ministry of Government Legislation, responded that the 'partial exception of the Criminal Procedure Act' in the first arrest warrant for President Yoon Seok-yeol, issued by the Seoul Western District Court and obtained by the High-ranking Officials' Crime Investigation Unit, was inappropriate.
On the 15th, Lee appeared before the National Assembly's Special Committee on the 'Investigation into the Alleged Insurrection Charges through the Declaration of Martial Law by the Yoon Seok-yeol Government' and answered in this manner to a question from Kwon Kyu-taek, a member of the People Power Party, who asked whether it was problematic that the Seoul Western District Court excepted Article 110 of the Criminal Procedure Act in President Yoon's arrest warrant.
Articles 110 and 111 of the Criminal Procedure Act stipulate that places and objects related to military or official secrets cannot be seized or searched without the consent of the person in charge.
The first arrest warrant for President Yoon, issued by the Seoul Western District Court, included the phrase "Articles 110 and 111 of the Criminal Procedure Act do not apply to this warrant," and for this reason, President Yoon's side claims that the arrest warrant is not lawful.
Lee said, "Article 110 of the Criminal Procedure Act applies even when the warrant is lawful, but some scholars interpret that the article applies only when seizing or searching objects, while others say it applies to arrest warrants related to detention as well," adding, "However, there has been almost no discussion on such a specific issue." He continued, "Ultimately, the court will decide on this dispute later in the main trial regarding the charge of insurrection."
When Representative Kwon argued, "When executing the arrest warrant, approval from the person in charge must clearly be obtained at the presidential residence, which is a military secret facility, and regardless of the legality of the warrant, the execution procedure clearly has room for dispute. We need to carefully examine whether there is any illegality in the arrest even now," Lee agreed, saying, "That is correct."
When Representative Park Jun-tae of the People Power Party asked about the controversy over the quorum for the National Assembly's impeachment resolution against Prime Minister Han Duck-soo, who was acting president, Lee said, "Since the trial is ongoing, I cannot express a personal opinion," adding, "If (Han's impeachment) is invalid, then the fact that (Choi Sang-mok) is currently acting as the acting prime minister is itself problematic, so I hope the Constitutional Court makes a prompt decision."
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