Charges Include Aiding Rebellion, Perjury, and Falsification of Documents
Special Prosecutor: "Failed in Duty to Prevent Unconstitutional and Illegal Martial Law"
Arrest Warrant Seen as Pivotal for Expanding Cabinet Member Investigations
The special prosecutor team on rebellion, led by Cho Eunseok and investigating the December 3 emergency martial law-related internal rebellion and foreign exchange allegations, has moved to secure the custody of former Prime Minister Han Ducksoo.
On the 24th, the special prosecutor's team announced that it had requested an arrest warrant for former Prime Minister Han on charges including: aiding and abetting the leaders of the rebellion, perjury, falsification of official documents, damage to public documents, violation of the Presidential Records Management Act, and use of false official documents.
As the Prime Minister and vice-chair of the Cabinet, Han is accused of failing to prevent and abetting former President Yoon's illegal declaration of emergency martial law last year. The special prosecutor's team believes that, even in the absence of explicit constitutional provisions, the Prime Minister has a clear duty to check the abuse of presidential power. The team cited former Legislation Minister Yoo Jin-oh, who drafted the first Constitution, as stating that the Prime Minister was to be appointed with parliamentary approval specifically to prevent the President from acting unilaterally. This statement was presented as the basis for their interpretation.
Former Prime Minister Han Ducksoo is appearing on the 22nd at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, where the special prosecutor team led by Cho Eunseok, investigating the December 3 emergency martial law-related internal rebellion and foreign exchange cases, has set up its office. Photo by Yonhap News
Special Prosecutor Park Jiyoung stated at a briefing that "the Prime Minister is the only public official in the executive branch appointed by the President and serves as the primary state institution assisting in upholding the Constitution," adding, "As vice-chair of the Cabinet, the Prime Minister is also a constitutional mechanism for preemptively checking and controlling the arbitrary exercise of presidential power." Park further explained, "Former Prime Minister Han was the highest constitutional authority who could have prevented the unconstitutional and illegal martial law in advance. Taking into account this status and role, we have applied for an arrest warrant."
The special prosecutor's team determined that Han's recommendation to convene a Cabinet meeting before the declaration of martial law was not intended to block the martial law, but rather to ensure procedural legitimacy. At the time, Han was preoccupied with meeting the quorum of 11 Cabinet members required to open the meeting, rather than ensuring proper deliberation.
Han is also accused of drafting and then discarding a subsequent martial law proclamation to cover up legal flaws in the original declaration. It is alleged that on December 5 of last year, after signing a false martial law proclamation document prepared by former Presidential Secretary Kang Uigu, alongside former Defense Minister Kim Yonghyun, Han instructed its disposal, stating, "If it becomes known that the document was created after the fact, another controversy could arise." The special prosecutor's team sees this as an attempt to give an illegal martial law a veneer of legality.
Former President Yoon Sukyeol is leaving the Seoul Central District Court in Seocho-gu, Seoul, after completing the pre-arrest detention hearing on the 9th of last month. Photo by Yonhap News
He also faces perjury charges. During his testimony in former President Yoon's impeachment trial, Han claimed, "I truly do not remember when or how I received the martial law proclamation." However, during questioning on the 19th, he reportedly reversed his statement, saying, "I received the proclamation from former President Yoon."
The special prosecutor's team conducted searches and seizures at Han's residence and the Prime Minister's official residence on the 24th of last month, securing related materials and summoning Han for questioning three times before and after the searches. The arrest warrant application for Han reportedly runs to 54 pages, including details of the alleged crimes and the need for pretrial detention. The grounds for the warrant include the seriousness of the crimes, concerns about destruction of evidence and flight risk, and the possibility of reoffending.
If the warrant is issued, investigations into other Cabinet members are expected to accelerate. Conversely, if it is denied, there are concerns that the remaining allegations may face setbacks in clarification. The pre-arrest detention hearing is expected to be held around the 26th or 27th.
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