Supplementary Investigation Requested on Abuse of Authority Under Security Act Regarding 'Suspension from Duty'
Police Investigation Faces Difficulties
The police applied for arrest warrants for Kim Seong-hoon, Deputy Director of the Presidential Security Service, and Lee Kwang-woo, Head of the Security Headquarters, who are accused of leading the prevention of President Yoon Seok-yeol's arrest, but it has been understood that the prosecution requested supplementary investigation.
According to the legal community on the 31st, the Seoul Western District Prosecutors' Office decided to request supplementary investigation from the police on the same day. This comes just a week after the police applied for the arrest warrants.
A prosecution official stated, "This decision was made because there were necessary matters to determine whether to request the arrest warrants." It is reported that the prosecution requested supplementation regarding the abuse of authority charges under the Act on the Protection of the President and Others (Presidential Security Act). The intention is to additionally verify internal regulations of the Security Service.
The police added new charges to the arrest warrants, considering that Deputy Director Park's suspension of two Security Service employees during the execution of the second arrest warrant against the president constituted abuse of authority.
The Deputy Director Park's side argues that there is no personnel measure called 'suspension from duty' within the Security Service, so abuse of authority does not apply. They also claim that the employees had deviated from security duties and were simply instructed to work in the office without being assigned those duties.
Under the Presidential Security Act, abuse of authority is not specifically defined as it is under the Criminal Act; it only states that 'abuse of authority must not be committed.' While some in the legal community believe that even an attempt can be punishable, there are no actual precedents, so opinions are divided.
Earlier, on the 24th, the police special investigation team applied for arrest warrants against Deputy Director Kim and Head Lee on charges of obstruction of official duties and abuse of authority. The police had also arrested Deputy Director Kim on the 18th and applied for an arrest warrant, but the prosecution dismissed it.
With the arrest warrants for the two, considered the 'final puzzle' in the investigation of the police emergency martial law, being rejected again, the investigation into the Security Service is expected to face difficulties. It is reported that the police are currently reviewing two options: to reapply for the arrest warrants after supplementary investigation or to send the case to the prosecution without detention. However, since a third application for arrest warrants could also be a burden for the police, they may consider whether to reapply after allowing sufficient time.
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