"The Law Does Not Favor the Noble..."
Strict Enforcement of the Criminal Procedure Act
Former President Yoon Sukyeol is attending the 8th trial session for charges of leading a rebellion and abuse of authority obstructing the exercise of rights at the Seoul Central District Court in Seocho-gu, Seoul on June 23, 2025. Photo by Joint Press Corps
The special prosecutor team led by Special Prosecutor Cho Eunseok, which is investigating the rebellion and treason cases related to the 12·3 Martial Law, filed a sudden request for an arrest warrant for former President Yoon Sukyeol on June 24. The team stated, "All other suspects have been questioned, but former President Yoon is the only one who has not cooperated with the investigation."
The Internal Revolt Special Investigation Team requested an arrest warrant for former President Yoon at around 5:50 p.m. that day at the Seoul Central District Court, citing charges including obstruction of special official duties. Deputy Special Prosecutor Jiyoung Park explained the background of the warrant request during a briefing at the High Prosecutors’ Office press room, saying, "The arrest warrant is being requested for the purpose of investigation, and former President Yoon is just one of several suspects."
Deputy Special Prosecutor Park stated that the reason for the swift attempt to secure former President Yoon's custody was to meet the investigation deadline. Park emphasized, "The special prosecutor's office has a limited investigation period, and since various matters are expected to require investigation, we must not be dragged along by circumstances," expressing a determination to maintain control over the investigation. Park also quoted Han Feizi's phrase, "The law does not flatter the noble," to stress impartiality. Park added, "We will proceed strictly in accordance with the Criminal Procedure Act."
When asked whether the special prosecutor's office had ever officially notified former President Yoon to appear, Deputy Special Prosecutor Park replied, "Since he clearly stated that he would not comply with the summons, we did not issue a separate summons request," and added, "The case was handed over from the police, and to ensure continuity of the investigation, the warrant request is for the purpose of questioning."
Regarding the charges listed in the warrant, Park explained, "There are charges of obstruction of special official duties and abuse of authority, and under the Security Service Act, the abuse of authority charge is essentially considered as incitement." When asked whether sufficient investigative personnel had been secured to carry out the warrant, Park responded, "Of course, the necessary personnel have been secured," and added, "All arrangements for the interrogation room have also been made." Park also stated, "It seems unlikely that the warrant will be issued today," explaining, "Various preparations, such as reviewing the records, are necessary for the warrant, and we filed the request as soon as preparations were complete."
Meanwhile, former President Yoon is facing charges of obstructing the execution of arrest warrants by the police and the Corruption Investigation Office for High-ranking Officials, as well as ordering the deletion of information from a secure phone (Bihwaphone). Previously, the police Martial Law Special Investigation Unit requested former President Yoon to appear for questioning on three occasions-June 5, June 12, and June 19-but he refused to comply each time.
In response to the second summons, former President Yoon’s legal team submitted a written opinion stating that "the charges are unfounded." Yoon’s attorney, Gapgeun Yoon, argued in a statement submitted to the police on June 11 that "the Corruption Investigation Office’s attempt to execute the arrest warrant was an illegal and invalid exercise of official duties," and asserted that "even if there was a response to the illegal attempt to execute the arrest warrant, neither former President Yoon nor the officials of the Presidential Security Service can be held liable." Their position is that a summons for questioning is not justified when the alleged criminal facts have not been established.
It appears that the special prosecutor’s office moved to secure Yoon’s custody after he repeatedly refused to comply with three police summonses. Generally, when a suspect fails to appear for questioning three or more times without a valid reason, investigative authorities attempt to secure their custody.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


