Promoting a permanent special investigation simultaneously with the prosecution and police… The reality of the speed-up of the ‘12/3 illegal martial law’ investigation

Competitive action by police for treason and abuse of power by prosecutors, Kim Yong-hyeon urgently arrested, Yoon Seok-yeol booked... “This is an unprecedented event, requiring in-depth research.”

Despite the unprecedented 'December 3rd Emergency Martial Law' incident in which armed soldiers attempted to take control of the National Assembly and the National Election Commission, the impeachment of President Yoon Seok-yeol failed, and some analysts say that the time for a treason investigation has now arrived. While prosecutors and police, as well as military prosecutors and the High-ranking Public Officials Crime Investigation Office (Corruption Investigation Office), are conducting simultaneous investigations, if the 'special investigation into treason' being promoted by the opposition party is added, the investigative blades could extend in up to five directions. President Yoon has also been booked as a suspect on charges of rebellion. However, concerns such as confusion and inefficiency due to 'duplicate investigations' are considered issues that need to be resolved.

#"I will hold you accountable for not participating in the vote."

On December 7, four days after the declaration of martial law, the bill to impeach President Yoon Seok-yeol, which was submitted to the plenary session of the National Assembly, was automatically discarded due to a boycott by the People Power Party. The vote itself did not take place. More than 200 of the 300 registered lawmakers were supposed to attend, but because all but three People Power Party lawmakers Ahn Cheol-soo, Kim Ye-ji, and Kim Sang-wook were absent, only 195 lawmakers were present.

All members of the People's Power Party participated in the vote on the 'Special Prosecutor's Office Act on First Lady Kim Kun-hee', which was submitted just before the impeachment bill. And most of them voted against it. It was passed if more than 200 votes were received among the 300 people present, but only 198 votes were in favor. As a result, Ms. Kim's Special Prosecutor Act was abolished for the third time.

The Democratic Party of Korea plans to re-introduce the impeachment bill against President Yoon on December 11 and hold a re-vote on the 14th. If the proposal is rejected again, the plan is to hold a special meeting on a weekly basis and repeat the same procedure. In a comment issued on December 8 under the name of floor spokesperson Kang Yoo-jeong, the Democratic Party announced, “We will hold those who did not participate in the historic vote responsible for treason accountable.”

#Prosecution and police 'investigation competition'... Concerns about confusion and inefficiency

The government and ruling party narrowly avoided impeachment, but the remaining path is thorny. It is their responsibility to bear not only public criticism, but also the swords of investigation that will come from all directions. Of course, there are many who doubt the limits of the investigation since it is directed at the incumbent president. However, in the current atmosphere, 'suspicion of poor investigation' can soon lead to 'labeling as a collaborator of the civil war', so each agency's will to investigate appears to be stronger than ever.

The police and prosecutors formed a special investigation team and began a mandatory investigation. The police established a new 'Emergency Martial Law Incident Special Investigation Headquarters' headed by Seoul High Prosecutors' Office Park Se-hyun, and assigned about 50 investigative personnel to the National Investigation Headquarters' Security Investigation Team with about 120 people. Although treason is within the scope of police investigation, the prosecution is expected to look into allegations of abuse of power and group the treason as a related crime.

The two organizations have already entered into a battle of speed. Since the first day of December 6th, when the investigation team was launched, the National Police Agency has confiscated the mobile phones of four people, including Police Commissioner Jo Ji-ho, Seoul Metropolitan Police Agency Commissioner Kim Bong-sik, National Assembly Guard Captain Mok Hyun-tae, and Gyeonggi Southern Police Agency Chief Kim Jun-young. This is a measure taken after the Democratic Party and others accused them of rebellion and abuse of power. The police also secured all Seoul Police radio records.

In the case of the prosecution, former Minister of National Defense Kim Yong-hyun, who is considered the main culprit of the martial law situation, was arrested on December 8. It is known that the prosecution repeatedly requested former Minister Kim to appear immediately after the launch of the special investigation unit. Former Minister Kim continued to refuse, but suddenly voluntarily appeared at around 1:30 a.m. that day. After conducting a late-night investigation, the prosecution transferred former Minister Kim to the Eastern Detention Center in Seoul.

There is also a glimpse of ‘competition’ between the prosecution and police. On the day the prosecution arrested former Minister Kim, the police searched and seized former Minister Kim's official residence and office. Prosecutors and police investigated one suspect through separate channels. A police official also expressed a sense of control over the prosecution, saying, “If the prosecution investigates a crime of rebellion that is not within the scope of investigation, the indictment may be dismissed.”

This leads to concerns that confusion in the investigation may repeat. In a situation where attempts by suspects to destroy evidence are expected, excessive confusion is bound to be bad news. It was reported that former Minister Kim also changed his cell phone before making a surprise appearance at the prosecution. Some are also suspicious of the fact that Presidential Chief of Staff Jeong Jin-seok left Telegram and then rejoined it.

On the surface, it appears that the investigation is progressing quickly, but some point out that this is not the case if you look closely. This is because former Minister Kim is the only suspect whose identity was secured as of December 8, four days after the martial law incident. Acting Minister of National Defense (Vice Minister) Kim Seon-ho ordered the Ministry of National Defense and direct units to 'preserve all documents related to martial law' on December 6, but it remains to be seen what will actually happen.

#Countdown to the permanent special investigation... The fate of ‘suspect’ Yoon Seok-yeol is

The investigation is currently being conducted in four directions. In addition to the prosecutors and police, the Ministry of National Defense and the Airborne Investigation Office are handling the case. The Ministry of National Defense dispatched 12 people, including 5 military prosecutors, to the prosecution. This is to support the prosecution based on the results of the military’s own investigation. The Corruption Investigation Office assigned the 4th investigation department (Chief Prosecutor Cha Jeong-hyeon) to cases of rebellion and abuse of power against National Police Agency Commissioner Cho Ji-ho and Seoul Metropolitan Police Agency Commissioner Kim Bong-sik.

However, since President Yoon still exists as a living power, there are questions about whether an investigation without sanctuary will be possible. Accordingly, the Democratic Party plans to present the 'permanent special prosecution for treason' to the plenary session soon. Unlike a regular special prosecutor, the president cannot veto a permanent special prosecutor. Additionally, if more than two-thirds of the registered lawmakers are present and more than two-thirds of the votes are in favor, it will pass, allowing the Democratic Party to pursue it independently.

The government and the ruling party are just in trouble. This is because the only way is to be virtually helpless even after passing the permanent special prosecution. According to the rules revised last November, 'Once a permanent special prosecutor's investigation of the president and his family is decided, the president's political party cannot recommend a special prosecutor.' However, there is room for President Yoon to engage in a ‘holding out strategy’ of delaying appointments instead of vetoing them.

Permanent special prosecutors have more restrictions than regular special prosecutors. The maximum number of prosecutors is 5, the number of dispatched public officials is 30, and the investigation period is 60 days. We can expect a more efficient and rigorous investigation than if we continue to rely on the current quadruple investigation of the prosecution, police, Ministry of National Defense, and the Ministry of Public Prosecution, but it is unclear how 'short and strong' the effect it will be in terms of procedures and results.

Meanwhile, President Yoon has also been booked as a suspect on charges of rebellion, so there is great interest in what the outcome will be. Park Se-hyeon, head of the prosecution's special division, held a press briefing on December 8 and said, "We have received so many complaints related to President Yoon that we are conducting an investigation after he is booked. The procedure is to be booked as a suspect when a complaint or accusation is filed."

In response to a question about whether the prosecution can investigate charges of rebellion, Director Park explained, "Simply put, the key to this case is that a public official abused his power and started a riot for the purpose of disrupting the national constitution. These two elements constitute abuse of power and rebellion, so the public will be able to easily judge whether there is any connection between the two charges."

It is said that the prosecution has deployed a large number of special, public security, and violent crime prosecutors. It is said that internal concerns are deep as the investigation of a sitting president on charges of treason is unprecedented. A lawyer who used to be a public security prosecutor said, “This is unprecedented, so very in-depth research will be needed,” and added, “It doesn’t seem easy for anyone to predict the future.”

Attorney Park Jin-hyeon (Daeryun Law Firm), a former prosecutor, said, “If only the charges of treason are proven, it is theoretically possible to arrest President Yoon,” adding, “This is because treason and foreign exchange crimes are excluded from the president’s immunity.” However, he added, “The problem is that it is unclear whether the prosecution can directly investigate rebellion crimes,” adding, “Arrests on charges such as abuse of power are impossible.”

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The prosecution and police simultaneously pursue a permanent special investigation... The reality of the speed-up of the ‘12/3 illegal martial law’ investigation (link)