Considering the President's Immunity from Prosecution, Indicted Solely for Rebellion
Prosecution Protests Court's Refusal to Extend Yoon's Detention as "Unjust Decision"
Confident in Proving Charges Based on Investigation Results of Kim Yonghyun, Kwak Jonggeun, and Others... Expected to Focus on Maintaining the Indictment
The prosecution, which indicted President Yoon Seok-yeol on the 26th, regarded the 'December 3 Emergency Martial Law' as a rebellion disrupting the constitutional order and applied the charge of 'leader of a rebellion' to President Yoon, who declared the emergency martial law. Although the prosecution failed to extend the detention period due to repeated denials by the court, it judged that it was possible to prove the charges based on the investigation results from the Corruption Investigation Office for High-ranking Officials (CIO) and the investigation results on the military and police leadership accused of important mission violations, and decided to indict before the expiration of the detention period.
According to the Prosecution's Special Investigation Headquarters on Emergency Martial Law (Headed by Park Se-hyun, Chief Prosecutor of Seoul High Prosecutors' Office), the detailed charges applied to President Yoon include unconstitutional emergency martial law and, based on 'Martial Law Proclamation No. 1,' ▲blocking the National Assembly ▲seizing the election commission's computer data ▲arresting and detaining key figures such as party leaders, the Speaker of the National Assembly, and election commission officials ▲attempting to establish a separate emergency legislative body. Accordingly, the investigation concluded that a rebellion aimed at disrupting the constitutional order was carried out, disturbing the peace in areas such as Yeouido in Seoul, Suwon, and Gwacheon.
Considering the incumbent president's immunity from prosecution, the prosecution excluded charges such as abuse of power and indicted President Yoon solely on charges of rebellion. President Yoon's defense team has consistently argued that the declaration of emergency martial law is the president's inherent authority and thus not subject to judicial review; however, the prosecution, citing Supreme Court precedents, found that the rebellion charges are valid.
The prosecution particularly identified President Yoon as the 'top figure' who directly or indirectly ordered acts of rebellion to Kim Yong-hyun, former Minister of National Defense, Park An-soo, Army Chief of Staff (Martial Law Commander), Yeo In-hyung, former Commander of the Defense Counterintelligence Command, Kwak Jong-geun, former Commander of the Army Special Warfare Command, and Cho Ji-ho, Commissioner of the National Police Agency, all of whom were detained and indicted as important mission participants in the rebellion.
General Kwak Jong-geun, Commander of the Army Special Warfare Command, is speaking at the National Assembly National Defense Committee's emergency martial law-related inquiry held on the 10th. Photo by Kim Hyun-min
The prosecution understands that after declaring emergency martial law, President Yoon instructed Commissioner Cho, "Arrest all the members of the National Assembly trying to enter the National Assembly. They are all violating the proclamation," and told former Commander Kwak, "It seems the quorum for domestic resolution has not yet been met, so quickly enter the National Assembly and bring out the people inside the assembly hall." Furthermore, the prosecution believes President Yoon also instructed former First Deputy Director of the National Intelligence Service Hong Jang-won, "Take this opportunity to arrest them all, clean them all up. First, assist the Counterintelligence Command."
Additionally, the prosecution found that President Yoon exercised influence throughout the preparation process of the emergency martial law, including approving the draft proclamation prepared and reported by former Minister Kim and instructing Choi Sang-mok, then Deputy Prime Minister and Minister of Strategy and Finance, on budget allocation related to the national emergency legislative body. The prosecution also identified that approximately 5,400 military personnel and police officers were deployed to the National Assembly and the election commission under President Yoon's orders, and a 'arrest squad' was formed to arrest party leaders and the Speaker of the National Assembly.
Prosecution protests court's refusal to extend Yoon's detention period as "unjust decision"... Focuses on maintaining indictment going forward
The Special Investigation Headquarters on Emergency Martial Law stated on the day that the court's two refusals to extend President Yoon's detention period were "unacceptable decisions that prevented even minimal supplementary investigations such as face-to-face questioning." The Supreme Prosecutors' Office also held a nationwide meeting of high and district prosecutors' offices for 2 hours and 40 minutes from the morning, chaired by Prosecutor General Sim Woo-jung, and announced that "participants agreed that the decision contradicts precedents where guilt was confirmed based on evidence secured through supplementary investigations by the prosecution and is an unjust decision contrary to the criminal procedure law and criminal justice system, which regulate supplementary investigations."
The prosecution is expected to focus on maintaining the indictment going forward. It is known that the prosecution judges there is no significant problem proving the charges with the evidence accumulated so far. The indictments prepared by the prosecution for former Minister Kim Yong-hyun and others reportedly contain multiple circumstances indicating that President Yoon premeditated the rebellion or directly gave specific orders.
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