Raising New Objections to Police Questioning
"Contradicts the Criminal Procedure Act"
Former President Yoon Seokyeol's legal team has requested a change in the date for his appearance, responding to the Special Prosecutor's summons for a second in-person investigation scheduled for 9 a.m. on June 30. They stated, "Given the suspect's health and the need to ensure his right to a defense in ongoing court proceedings, the schedule is extremely tight."
Former President Yoon Seokyeol, who was questioned as a suspect by the Special Prosecutor for National Security on the 29th, is leaving the Seoul High Prosecutors' Office building in Seocho-gu. Photo by Yonhap News
On June 29, Yoon's legal team issued a statement saying, "This afternoon, we submitted a written request to the Special Prosecutor to change the appearance date."
The legal team asserted, "The Special Prosecutor must strictly adhere to the principles of voluntary investigation and due process. The summoning of the suspect must also follow the principle of voluntary investigation, and there must be sufficient consultation with the suspect and the defense counsel regarding the summons."
They added, "Summoning the suspect again just two days after the investigation on the 28th is an extremely tight schedule, especially considering the suspect's health and the need to ensure his right to a defense in the ongoing trial."
The legal team stated, "We believe that appearing after the completion of due process in the investigation and the preparation for the criminal trial is necessary to guarantee the suspect's rights and to secure a substantive right to defense. Therefore, we requested the Special Prosecutor to reschedule the appearance date to after July 3."
Nevertheless, they emphasized, "Former President Yoon is clearly committed to cooperating sincerely with the Special Prosecutor's investigation. We hope that the Special Prosecutor will thoroughly investigate to uncover the truth, rather than hastily pursuing a predetermined conclusion." This appears to be an effort to avoid any perception of 'non-compliance' or 'refusal to be questioned.'
The legal team also argued that the Special Prosecutor's second summons was unilaterally notified and disclosed to the media without prior consultation with the suspect or the defense counsel, in violation of relevant laws. They stressed, "We once again urge the Special Prosecutor to comply with the law."
The legal team again expressed their objections to the questioning by Park Changhwan, Chief Superintendent of the Major Crimes Investigation Division at the National Police Agency, regarding allegations that former President Yoon obstructed his own arrest during the previous day's investigation.
The legal team stated, "According to the Criminal Procedure Act, when a prosecutor is conducting an investigation, the prosecutor must directly question the suspect, with a prosecutor's office investigator or clerk participating. However, in the Special Prosecutor's investigation, judicial police officers are conducting all questioning, which is inconsistent with the interrogation procedures stipulated by the Criminal Procedure Act."
They continued, "The Special Prosecutor claims there is no problem as a deputy special prosecutor is participating, but according to Supreme Court precedent, 'an investigation by a prosecutor is recognized only when the prosecutor directly questions the suspect on the key facts and, even if a prosecutor's office clerk assists, the prosecutor must observe and then directly question the suspect again.'"
The legal team added, "It is currently very unclear whether the ongoing Special Prosecutor's investigation is being conducted by judicial police officers in the office of the Special Prosecutor or by the Special Prosecutor themselves. Based on these legal provisions and related circumstances, the defense has proposed a change of investigator."
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