Violation of Constitutional Martial Law Deliberation Rights, Backdated Proclamation, Obstruction of Arrest Among Five Charges
Indicted Early Just Nine Days After Detention... "Lack of Cooperation Will Affect Sentencing"
Foreign Exchange Charges Omitted from Indictment... Investigation into Accomplices Including Han Ducksoo and Lee Sangmin Accelerates
The special prosecutor team led by Cho Eunseok, which is investigating the insurrection and treason cases related to the 12·3 Martial Law, indicted former President Yoon Sukyeol for the third time while he is in detention on July 19. This comes after he was previously brought to trial twice on charges of leading an insurrection and abuse of power, with additional charges now applied in connection with martial law.
Former President Yoon Sukyeol is entering the Seoul Central District Court in Seocho-gu, Seoul, on the afternoon of the 9th to undergo a detention hearing (warrant review). The hearing will be presided over by Chief Judge Nam Sejin (Judicial Research and Training Institute class 33), who is in charge of warrants. The special prosecutor team determined that former President Yoon infringed on the Cabinet’s right to deliberate and decide on the proclamation of martial law by notifying only select Cabinet members about the meeting. They also concluded that he neutralized constitutional control mechanisms through the use of a backdated, falsified martial law proclamation.
In addition, a total of five charges were applied, including the distribution of false press releases, deletion of secure phone communication records, and obstruction of the execution of an arrest warrant. The indictment also includes violations of the Presidential Records Act, damage to official documents, violations of the Presidential Security Act, and incitement to harbor a criminal.
Since the start of the investigation, former President Yoon has repeatedly refused requests for face-to-face questioning and filed for a detention warrant review, but the court dismissed his request. Subsequently, the special prosecutor determined that extending the detention period would not lead to effective additional investigation, and decided to indict him early, just nine days after his detention.
Special Prosecutor Park Jiyoung explained at a briefing, "Considering former President Yoon’s uncooperative attitude and the statements obtained during the detention warrant review hearing, we determined that it is no longer possible to conduct a substantive investigation." The special prosecutor’s office announced that it would reflect Yoon’s lack of cooperation during the investigation as a factor in sentencing during the trial.
The treason charges, which have not yet been included in the indictment, are still under investigation due to military secrecy. Regarding suspicions that former President Yoon planned a North Korean drone infiltration operation to create a pretext for martial law (treason charge), the special prosecutor has conducted searches and seizures at the Ministry of National Defense, the Drone Command, and the Defense Counterintelligence Command, and is continuing to question those involved. Depending on the progress of the investigation, additional indictments against Yoon are also being considered.
Going forward, the special prosecutor plans to accelerate investigations into accomplices and related figures in the declaration of martial law, including former Prime Minister Han Ducksoo and former Minister of the Interior and Safety Lee Sangmin. The remaining investigation period is approximately four months.
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