On the 1st, Public Prosecutor Odong-un stated on his way to work that he plans to execute the arrest warrant for President Yoon Seok-yeol within its validity period, which is by the 6th. The photo shows the presidential residence in Hannam-dong on that day.
The Seoul Western District Court issued an arrest and search warrant for President Yoon, accused of being the “ringleader” in the December 3 Martial Law incident. The warrant included a phrase stating that Articles 110 and 111 of the Criminal Procedure Act do not apply to this warrant. According to the Corruption Investigation Office for High-ranking Officials, this was announced on the 1st.
Article 110 of the Criminal Procedure Act pertains to locations requiring military secrecy, and Article 111 pertains to places requiring occupational secrecy, stating that searches or seizures cannot be conducted without the consent of the person in charge. These provisions have been used by the Presidential Security Service to block searches of the presidential office and residence in the ongoing investigation against him. However, the court ruled that these articles could not be applied in locating President Yoon for the execution of the arrest warrant.
Previously, there were concerns about potential physical clashes during the execution of search and arrest warrants against President Yoon. However, with the recent court ruling exempting the application of Articles 110 and 111 for the warrant, the grounds for the Security Service to prevent investigative agencies from accessing the residence have been removed. The Corruption Investigation Office has thus been given the authority to access the residence without resistance and secure President Yoon. On the 1st, Prosecutor Odong-un warned that blocking law enforcement from executing the warrant could lead to charges of abuse of authority and obstruction of special official duties, stating that an official notice had been sent to the Security Service.
Regarding the exceptions to Articles 110 and 111, a judge with previous warrant assignment experience interpreted this as an indication to prevent the Security Service from rejecting law enforcement action due to claims of official secrecy. Another judge noted that specifying exceptions to particular legal provisions is unusual, but the current situation is also unprecedented. The Corruption Investigation Office is reportedly in discussions with the police about the timing, method, and necessary personnel for the enforcement, including the possibility of executing it at dawn.
Meanwhile, President Yoon’s lawyer, Yoon Gap-geun, argued that no provision in the Criminal Procedure Act gives judges such authority and claimed this as an unlawful act that undermines the judiciary’s credibility. He urged the Supreme Court to promptly investigate the matter and, if the content proves to be accurate, to remove and discipline the judge responsible for the warrant.