If Early, Yoon Arrest Warrant Request Today... Investigation Authority and Security Office Key Issues

Refusal to Comply with 3rd Appearance Request by Public Corruption Investigation Office
Majority Opinion: 'Requirements Met' for Issuance
Potential Conflict with Security Office Remains
No Legal Grounds to Block Enforcement

President Yoon Seok-yeol, accused of being the ringleader of the rebellion, has refused to comply with the third summons for investigation by the High-ranking Officials' Crime Investigation Division (PCC) on the 29th, marking a critical turning point in the investigation of the emergency martial law situation.

On the 24th, a sense of silence prevailed at the Presidential Residence in Hannam-dong, Yongsan-gu, Seoul. Photo by Kang Jin-hyung

Arrest Warrant Request? ... Conditions for Issuance ‘Met’

The PCC is expected to request an arrest warrant for President Yoon as early as the 30th. Requesting and issuing an arrest warrant for a sitting president is an unprecedented event in constitutional history. An arrest warrant is issued when there is ‘reasonable suspicion that the suspect has committed a crime’ and ‘when there is a concern that the suspect will not comply with summons without justifiable reason or may evade it.’

Previously, the indictment against former Defense Minister Kim Yong-hyun, charged with engaging in important duties related to rebellion, included circumstances indicating President Yoon ordered, “Break down the door and pull them out, even if you have to shoot.” Basic evidence of the charges has been established, and since President Yoon has not complied with three prior summons, the PCC judges that the conditions for issuing an arrest warrant have been met.

PCC Has No Jurisdiction Over Rebellion Investigation? ... Lacks Persuasiveness

President Yoon’s side argues that the PCC does not have jurisdiction to investigate rebellion charges. The current PCC Act does not list rebellion as an investigation target. However, it allows investigation of crimes directly related and recognized during the investigation process. Based on this provision, the PCC is investigating rebellion charges as crimes discovered during the investigation of abuse of authority.

During the previous investigation, the court effectively recognized the PCC’s investigation of rebellion charges as legitimate. The court issued an arrest warrant requested by the PCC for former Intelligence Commander Moon Sang-ho on charges of engaging in important duties related to rebellion. The prosecution, which also does not have rebellion as a direct investigation target, similarly arrested and indicted former Minister Kim on charges of engaging in important duties related to rebellion and abuse of authority. When issuing the arrest warrant, the court stated, “It is judged to fall within the scope of crimes that the prosecutor can initiate investigation on.”

Presidential Office, Yongsan-gu, Seoul. Photo by Kang Jin-hyung

What If the Presidential Security Service Blocks? ... Obstruction of Official Duties

Even if an arrest warrant is issued, the possibility of conflict with the Presidential Security Service during execution remains. The Security Service has already previously blocked the execution of search warrants by the police at the Presidential Office, official residence, and private residence. The Criminal Procedure Act requires the consent of the person in charge for searches of places requiring official or military secrecy. However, there is no basis to block the execution of an arrest warrant. If such obstruction occurs, it constitutes the crime of obstruction of official duties. Especially, if the obstruction is carried out by a group or by force of many people, it constitutes special obstruction of official duties, which carries a 50% increased sentence.

Oh Dong-woon, head of the PCC, stated, “The execution of arrest and detention warrants cannot be obstructed on grounds of official secrecy,” and added, “We will send an official letter to the Security Service warning that special obstruction of official duties and obstruction of the exercise of rights by abuse of authority may be established in the name of the PCC chief.”

This content was produced with the assistance of AI translation services.