Detention Warrant for Former Prime Minister Hwang Kyo-ahn on Charges Including Inciting Rebellion Also Dismissed
Sungjae Park, former Minister of Justice, is attending a detention warrant hearing at the Seoul Central District Court on the 13th.
The special investigation team led by Special Prosecutor Cho Eunseok, which is investigating charges of rebellion and treason related to the 12·3 Martial Law, has once again failed to secure the custody of former Minister of Justice Park Sungjae, who is accused of participating in the rebellion.
According to legal sources on November 14, Nam Sejin, the judge in charge of warrants at the Seoul Central District Court, conducted a detention warrant hearing for former Minister Park the previous day and dismissed the warrant, stating, "Even when considering the additional criminal charges and newly collected evidence since the previous dismissal of the detention warrant, there is still room for dispute regarding the allegations."
The judge added, "It is deemed necessary to provide sufficient opportunity for defense while not in custody," and continued, "Given the evidence obtained so far, the progress of the investigation, the defendant's stable residence and family ties, and his career, it is difficult to conclude that there is a risk of destruction of evidence or flight."
Former Minister Park is accused of gradually participating in former President Yoon's rebellion by convening meetings of directors and bureau chiefs at the Ministry of Justice after the declaration of martial law, instructing reviews for dispatching prosecutors to the Joint Investigation Headquarters, checking the capacity of correctional facilities, and ordering staff in charge of travel bans to report to work.
Previously, the special investigation team had requested a detention warrant for former Minister Park on October 9, citing concerns about destruction of evidence, but the court dismissed the request, stating, "There is room for dispute regarding the degree of awareness of illegality by former Minister Park and the illegality of the measures he took."
After the warrant was dismissed, the special investigation team reapplied for a warrant, adding new criminal facts based on evidence secured through additional searches and seizures. The team reportedly added charges of abuse of authority, believing that the Prosecution Division at the Ministry of Justice, under Park's instructions, drafted documents justifying martial law.
Former Prime Minister Hwang Kyo-ahn, who was arrested by the Special Investigation Team for Sedition on charges related to inciting rebellion, is heading to the Special Investigation Office for Sedition set up at the Seoul High Prosecutors' Office in Seocho-gu, Seoul on the 12th. Photo by Yonhap News
Additionally, the special investigation team also failed to secure the custody of former Prime Minister Hwang Kyo-ahn, who was arrested on charges including inciting rebellion. Hwang, who had been detained, was released on this day.
Park Jungho, the judge in charge of warrants at the Seoul Central District Court, conducted a detention warrant hearing for former Prime Minister Hwang the previous day and dismissed the warrant, stating, "There is insufficient necessity for detention, and the grounds for detention, such as risk of flight or destruction of evidence, have not been sufficiently substantiated." The judge further explained, "It appears that a significant portion of the objective facts has already been collected as evidence."
The special investigation team had requested a detention warrant for former Prime Minister Hwang on charges of inciting rebellion, obstruction of official duties, and violating the Special Prosecution Act on Rebellion (obstruction of investigation).
Former Prime Minister Hwang is accused of participating in the propaganda of rebellion by posting a message supporting martial law on Facebook on December 3 last year, despite being aware of the illegality of the martial law declared by former President Yoon Suk-yeol.
In the post, Hwang stated, "Martial law has been declared. The top priority now is to prevent chaos in the country," and added, "We must eradicate, once and for all, the pro-North Korea Juche faction and the forces responsible for election fraud that have ruined the country."
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