Public Official Corruption Investigation Unit "Will Apply for Arrest Warrant if Non-compliant"… Yoon "Will Attend Constitutional Court"

Arrest Warrant Validity Expires in 6 Days

The Public Official Corruption Investigation Unit is expected to attempt to arrest President Yoon Suk-yeol again as the validity of the arrest warrant expires in 6 days, and it is reported that they are considering applying for a pre-arrest warrant if the execution of the warrant fails.

President Yoon's side, while opposing the execution attempt of the arrest warrant by the Public Official Corruption Investigation Unit, announced that President Yoon will personally attend the impeachment trial at the Constitutional Court to present his opinion.

The joint investigation headquarters, centered around the Public Official Corruption Investigation Unit and the police, did not attempt a re-execution on the 4th and 5th after failing to execute the arrest warrant on the 3rd. Instead, they booked Park Jong-jun, the head of the Presidential Security Service, and Kim Sung-hoon, the deputy head, on the 3rd, and additionally booked the head of the Security Headquarters and the head of the Security Safety Headquarters of the Presidential Security Service on the 5th. This is a strategy to pressure the Presidential Security Service, the biggest obstacle to President Yoon's arrest. President Yoon's side announced that they would file a complaint against about 150 people, including Oh Dong-woon, the head of the Public Official Corruption Investigation Unit.

Yoon's Warrant Expires on the 6th… Public Official Corruption Investigation Unit and Security Service Second Round Expected

Calculations of the Public Official Corruption Investigation Unit and Security Service

As the deadline for executing President Yoon Suk-yeol's arrest warrant approaches midnight on the 6th, the Public Official Corruption Investigation Unit is expected to attempt a second execution of the warrant on this day. It is difficult to show a posture of giving up immediately after failing the first execution on the 3rd. However, since the Presidential Security Service is maintaining a firm stance on blocking the execution, it is uncertain whether the final execution will succeed. Meanwhile, the police have booked senior officials of the Security Service, and President Yoon's side has filed complaints against the Public Official Corruption Investigation Unit and the police, escalating conflicts between state institutions.

According to the legal community on the 5th, the Public Official Corruption Investigation Unit is expected to proceed with the second execution of the warrant before midnight on the 6th. To this end, they are intensifying pressure on the Security Service, which blocked the first execution on the 3rd. The Special Investigation Team of the National Police Agency, which formed a joint investigation headquarters with the Public Official Corruption Investigation Unit, booked Park Jong-jun, the head of the Presidential Security Service, and Kim Sung-hoon, the deputy head, on charges of obstructing special official duties after the arrest warrant execution failed, and notified them to appear on the 4th. When the two refused, citing "a critical period related to presidential security duties," they were re-requested to appear on the 7th and 8th. On this day, the head of the Security Headquarters and the head of the Security Safety Headquarters were additionally booked.

The Seoul Western District Court's Criminal Division 7 dismissed the 'objection to the execution of the arrest warrant' filed by President Yoon's side on this day. The court rejected President Yoon's claim that the search could not be conducted due to military secrets, stating, "In the case of a search aimed at discovering the defendant, Article 137 of the Criminal Procedure Act applies." It further explained, "The entry that Articles 110 and 111 of the Criminal Procedure Act do not apply to the search warrant is an act within the scope of judicial authority as a legal interpretation." This supports the legality of the arrest warrant by the Public Official Corruption Investigation Unit. However, the Security Service still maintains its stance of not cooperating with the arrest warrant. Park Jong-jun, the head of the Security Service, stated in a position paper on this day, "For the Presidential Security Service, which exists to ensure the absolute safety of the president, to comply with the execution of the arrest warrant, which is proceeding amid controversies over procedural and legal violations, is to abandon presidential security and neglect duties."

The Public Official Corruption Investigation Unit is considering reapplying for the arrest warrant to extend the deadline or immediately applying for a pre-arrest warrant if they fail to arrest President Yoon on the 6th. The focus is more on applying for a pre-arrest warrant than an arrest warrant, which has a high probability of failure unless there is a special change in circumstances. This is because President Yoon's legal representatives have expressed their intention to respond to the court's warrant review, increasing the possibility of securing custody. However, the variable is that a pre-arrest warrant is more likely to be dismissed by the court compared to an arrest warrant.

President Yoon's side also launched a counterattack. They announced that they would file a complaint with the prosecution against about 150 people, including Oh Dong-woon, the head of the Public Official Corruption Investigation Unit, and related personnel from the Public Official Corruption Investigation Unit and the police. The president's legal representatives argued, "The head of the Public Official Corruption Investigation Unit initiated the execution of an unconstitutional and illegal warrant by directing the police special team despite having no investigative command authority over the police."

The ruling and opposition parties are pressuring the Public Official Corruption Investigation Unit with completely opposite logic. Park Chan-dae, the floor leader of the Democratic Party of Korea, said at an emergency general meeting of lawmakers on this day, "It is very disappointing to see the Public Official Corruption Investigation Unit wasting time while hesitating." Noh Jong-myeon, the floor spokesperson, said the previous day, "If you are not confident in executing President Yoon's arrest warrant, re-transfer the case to the police."

Kwon Young-se, the emergency committee chairman of the People Power Party, argued, "The Public Official Corruption Investigation Unit does not have the authority to investigate treason, and moreover, President Yoon is virtually under house arrest," adding, "Yet, the Public Official Corruption Investigation Unit's unreasonable and excessive execution of the warrant and even attempting to detain him is solely intended to disgrace the president and is a show for appearances."

Heo Ran, Han Jae-young, and Do Byeong-wook, reporters dodo@hankyung.com