Special Prosecutor: "Possibility That Han Donghoon and Chu Kyungho Exchanged Opinions on Martial Law Lifting Resolution"

Special Prosecutor: "From the investigation team's perspective, Han is the person most in need of questioning"
Criminal Procedure Act allows witness examination request to a judge before the first trial

Han Donghoon, the leader of the People Power Party, is attending the Supreme Council meeting held at the National Assembly on December 5 last year.

The special investigation team on insurrection (led by Special Prosecutor Cho Eunseok), which is investigating suspicions of obstruction of the National Assembly’s resolution to lift martial law, has requested a pre-trial witness examination of former People Power Party leader Han Donghoon to the court.

On September 10, Deputy Special Prosecutor Park Jiyoung stated at a regular briefing, "We have requested a witness examination of former leader Han to the Seoul Central District Court in accordance with Article 221-2 of the Criminal Procedure Act," and added, "At the time of martial law, the messages from former leader Han and former floor leader Chu Kyungho were consistently different at the scene. There is also a possibility that they shared information and exchanged opinions with each other."

Article 221-2 of the Criminal Procedure Act stipulates that if a person who is clearly recognized as knowing facts indispensable to the investigation refuses to appear or testify, the prosecutor may request a witness examination by a judge before the first trial date.

However, even if the special investigation team requests a witness examination to the court, it does not seem likely that the court will accept it. This is because, even if the special investigation team proves that a particular individual clearly knows the facts of the case, the court is unlikely to accept it. In fact, such cases are reportedly rare.

It appears that the special investigation team has played what is essentially its final card to secure testimony from former leader Han regarding suspicions of obstructing the National Assembly’s resolution to lift martial law. If a suspect fails to comply with a summons without justifiable reason, compulsory measures can be used to conduct an investigation. However, since former leader Han is in the status of a reference witness, the special investigation team cannot forcibly investigate him if he refuses to cooperate.

The special investigation team is also investigating suspicions that former floor leader Chu Kyungho, at the request of former President Yoon Sukyeol’s side, repeatedly changed the location of the party caucus to prevent other lawmakers from participating in the vote to lift martial law. In this regard, the special investigation team is investigating People Power Party lawmakers who did not participate in the vote to lift martial law at the time and remained in the floor leader’s office. It is known that, at the time, there were eight people in the floor leader’s office, including former floor leader Chu Kyungho, Kim Heejung, Song Eonseok, Lim Ija, Jung Heeyong, Kim Daesik, Shin Dongwook, and Cho Jiyeon.

Deputy Special Prosecutor Park explained, "To my knowledge, former leader Han has made related claims in his recently published book and in interviews," adding, "From the investigation team’s perspective, he is the person most in need of questioning."