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Prosecutors Indict President Yoon Suk-yeol on Charges of Rebellion

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Korea Economic Daily
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  • The Special Investigation Headquarters for Martial Law announced the indictment of President Yoon Suk-yeol on charges of being the leader of rebellion.
  • It is significant as it is the first time in constitutional history that a sitting president has been detained and brought to trial.
  • President Yoon is expected to be tried while detained for up to 6 months.
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Special Investigation Team Indicts Yoon on the 26th


First Sitting President to be 'Defendant'

Trial Proceeds Without Additional Investigation


Abuse of Power Charges Excluded

Trial While Detained for Up to 6 Months

Image=Joint Press CorpsImage=Joint Press Corps

The Special Investigation Headquarters for Martial Law indicted President Yoon Suk-yeol on charges of being the 'leader of rebellion' on the 26th. This comes 54 days after the 'December 3 Martial Law Incident'. It is the first time in constitutional history that a sitting president has been detained and brought to trial. President Yoon is accused of declaring an unconstitutional and illegal martial law and attempting to arrest key figures, including members of parliament, without warrants to prevent the lifting of martial law.

The Special Investigation Headquarters for Martial Law (headed by Chief Prosecutor Park Se-hyun) announced the indictment of President Yoon on charges of being the 'leader of rebellion'. The decision was made one day before the expiration of the detention period. The special investigation team stated, "We received the case of the defendant Yoon Suk-yeol (20th President) on charges of being the leader of rebellion and abuse of power from the Corruption Investigation Office for High-ranking Officials (CIO) on the 23rd and received six cases related to the defendant's rebellion charges from the police on the 24th."

They further stated, "Due to the court's incomprehensible decision to deny the extension of the detention period twice, we could not conduct even the minimum supplementary investigation, such as face-to-face questioning of the defendant," and explained the reason for the indictment, "After comprehensively reviewing the evidence materials of the co-conspirator cases investigated by the special investigation team and the cases transferred from the police, we concluded that it was appropriate to indict the defendant."

They added, "Considering that there has been no change in circumstances since the defendant's detention and the concern for evidence destruction has not been resolved, we indicted the defendant on charges of being the leader of rebellion, which does not fall under the immunity of a sitting president (Article 84 of the Constitution), before the expiration of the first detention period." As a result, the charges of abuse of power, which the CIO requested to investigate and indict, were excluded.

The CIO, which transferred President Yoon's case to the prosecution, previously determined that President Yoon, in collusion with former Defense Minister Kim Yong-hyun, declared martial law on December 3 last year to incite a riot with the intent to exclude state power or disrupt the constitutional order.

After receiving President Yoon's case from the CIO on the 23rd, the special investigation team applied for an extension of the detention period to the court, but the court denied it, leading to the trial of President Yoon without additional investigation. The court denied the extension application, citing the lack of grounds for further investigation by the prosecution into cases investigated and transferred by the CIO. The prosecution immediately reapplied for the extension on the 25th, but the court denied it for the same reasons.

As the extension of the detention period was blocked, Prosecutor General Shim Woo-jung held a national prosecutors' meeting at 10 a.m. to discuss the disposition of President Yoon's case. The Supreme Prosecutors' Office stated, "Regarding the president's rebellion case, we gathered various opinions on the legal issues and disposition direction raised so far and conducted in-depth discussions, instructing the special investigation team to indict."

Under the Criminal Procedure Act, if a detained suspect is brought to trial, they remain detained for two months. The detention can be extended twice for two months each. President Yoon is expected to be tried while detained for up to six months.

Reporter Noh Jeong-dong, Hankyung.com dong2@hankyung.com

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