Yoon's Constitutional Review and Petition: Special Prosecutor for Insurrection Says "No Constitutional Violations"

Special Prosecutor: "Our office was established by law; the court will make a judgment"
NIS Supported 'Arrest Team' During Martial Law... Special Prosecutor: "Need to examine if it was part of official duties"

Former President Yoon Sukyeol is heading to Seoul Detention Center after completing the second pre-arrest suspect interrogation (warrant hearing) held at the Seoul Central District Court in Seocho-gu, Seoul, on July 9. Photo by Joint Press Corps

The Special Prosecutor's Office for the Insurrection Case (Special Prosecutor Cho Eunseok) stated that there are "no violations of the Constitution" regarding former President Yoon Sukyeol's request for a constitutional review and his petition to the Constitutional Court.

On September 9, Deputy Special Prosecutor Park Jiyoung said at a regular briefing, "Our office was established by law," adding, "The court will make a judgment, and we will submit a written opinion if necessary."

The previous day, former President Yoon's legal team requested the court to refer the 'Special Prosecutor Act on Insurrection' to the Constitutional Court for a constitutional review. Separately, they also filed a constitutional complaint with the Constitutional Court.

A request for a constitutional review is a system in which the court, either ex officio or upon a party's request, refers a law to the Constitutional Court if its constitutionality is a prerequisite for the trial. If the court decides to refer the case, the Constitutional Court proceeds with the review. The trial is suspended until the Constitutional Court reaches a decision on the constitutionality of the law. A constitutional complaint is a system in which a person who believes their constitutional rights have been violated petitions the Constitutional Court to review the constitutionality of the relevant law.

Additionally, on this day, the special prosecutor's team summoned and questioned former Defense Security Commander Yeo Inhyeong regarding suspicions that former National Intelligence Service Director Cho Taeyong received instructions to support an arrest team in cooperation with the Defense Security Command during the martial law period.

Regarding this, Deputy Special Prosecutor Park stated, "It has been confirmed that the National Intelligence Service is also required to organize personnel when martial law is declared. We need to examine whether the actions at that time were carried out under the direction of the NIS Director or as part of duties in accordance with the declaration of martial law."