"A Country That Blocks the Execution of Arrest Warrants
Cannot Be Called a Rule-of-Law State"
Kwon Hyangyeop, a member of the Democratic Party of Korea (representing Suncheon, Gwangyang, Gokseong, and Gurye in South Jeolla Province), has proposed the so-called "Act to Prohibit Obstruction of Warrant Execution by Security Services" (Partial Amendment to the Act on the Security of the President, etc.), which clearly stipulates that the Presidential Security Service (hereinafter referred to as the Security Service) must not obstruct the execution of court-issued warrants by regarding them as "harm," in order to prevent such incidents from recurring.
The current law defines security as "acts to prevent or eliminate harm inflicted on the body of the person under protection." However, even though the court issued an arrest warrant on December 3, 2024, in connection with the investigation of insurrection charges related to the declaration of the 12·3 Martial Law, the Security Service blocked the execution of the warrant, citing the need for presidential security.
Kwon Hyangyeop, Member of the National Assembly.
There have been criticisms that interpreting the execution of a court-issued warrant as "harm to the body" constitutes a grave violation of constitutional order, as it directly undermines the separation of powers and the rule of law.
The main purpose of the bill is to make it clear that "the execution of a warrant issued by a court is not included in the concept of harm," and to specify that Security Service officials may not obstruct the execution of court-issued warrants, thereby ensuring national safety and order and contributing to the establishment of the rule of law.
Kwon emphasized, "Security cannot stand above the Constitution, which enshrines the principle of separation of powers," and added, "A country that blocks the execution of an arrest warrant in the name of security cannot be called a rule-of-law state."
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