Court: "Insufficient Evidence for Necessity of Detention, Flight Risk, or Destruction of Evidence"
Former Minister of Justice Park Sungjae, who is accused of aiding and abetting former President Yoon Seokyeol's declaration of emergency martial law on December 3, is entering the Seoul Central District Court in Seocho-gu, Seoul on the 14th to attend a pre-arrest detention hearing. Photo by Yonhap News
The special prosecutor's team investigating the insurrection (led by Special Prosecutor Cho Eunseok) has failed to secure the detention of former Minister of Justice Park Sungjae, who is accused of participating in former President Yoon Seokyeol's declaration of emergency martial law.
On October 15, Judge Park Jungho, the chief judge in charge of warrants at the Seoul Central District Court, dismissed the arrest warrant after conducting a pre-arrest detention hearing for Park. The judge stated, "There is insufficient evidence to justify the necessity or validity of detention, or to establish concerns about flight risk or destruction of evidence."
Judge Park further explained, "There is room for dispute regarding how the suspect came to recognize the illegality, the specific nature of the illegality recognized, and the existence or degree of illegality in the objective actions taken. Considering the current level of evidence, the progress of the investigation, and the suspect's record of appearances, the principle of non-custodial investigation should take precedence over concerns about flight or destruction of evidence."
Previously, on October 9, Special Prosecutor Cho's team had requested an arrest warrant for Park on charges of engaging in important duties related to insurrection and abuse of authority by obstructing the exercise of rights.
The special prosecutor's team stated that they assigned Special Prosecutor Assistant Lee Yoonje, prosecutors Cha Junghyun and Song Youngsun, and military prosecutors Shin Dongjin and Ki Jiwoo to the warrant hearing, and prepared a 120-page presentation (PPT). In addition, they submitted a 230-page opinion emphasizing the need for detention.
Park was one of the six cabinet members whom former President Yoon first summoned on the day of the martial law declaration to inform them of his plans. After the declaration of martial law last year, Park is accused of convening a meeting of senior officials at the Ministry of Justice, instructing them to consider dispatching prosecutors to the Joint Investigation Headquarters, and ordering immigration officials to be on standby to impose travel bans on key political figures and other major arrest targets.
There are also suspicions that he instructed the Correctional Bureau of the Ministry of Justice to check for available space to detain those arrested. The special prosecutor's team recovered an electronic document, which had been created and deleted under Park's orders, reportedly stating that an additional 3,600 people could be accommodated in detention centers in the Seoul metropolitan area.
The special prosecutor's team views Park as having failed in his duty as a minister, whose core responsibilities include protecting human rights and upholding the rule of law, by not preventing the illegal declaration of martial law, and further, as having conspired in the act of insurrection.
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