The High-ranking Officials’ Crime Investigation Agency has forwarded the case involving President Yoon Suk-yeol’s alleged role as the leader of an insurrection to the prosecution, requesting an indictment. This move comes 51 days after the “12·3 Martial Law Incident” and four days after President Yoon was detained.
The agency announced on the 23rd that it has decided to request the Seoul Central District Prosecutors’ Office to file charges against President Yoon for his alleged role as the leader of the insurrection and for abusing his authority to obstruct official duties. President Yoon is accused of conspiring with former Defense Minister Kim Yong-hyun (already charged and detained) and others to instigate an uprising by declaring martial law on the 3rd of last month with the intent to disrupt national constitutional order and exclude state power.
The charges also include allegations of abusing authority by forcing police officers from the National Assembly Security Corps and martial law soldiers to perform duties not legally required and obstructing lawmakers from exercising their rights to demand the lifting of martial law.
The agency began its investigation on the day martial law was declared, conducting a legal review, and registered a case against President Yoon for insurrection and other charges following a complaint from a civic group the next day. Simultaneously, when the prosecution arrested key insurrection leader Kim last month, the agency invoked its right to request the transfer of the case, citing the need for thorough investigation regarding the case’s progress and fairness.
Amid these developments, the agency formed a joint investigation task force with the National Police Agency’s National Investigation Headquarters and the Ministry of National Defense’s Investigation Headquarters, summoning President Yoon for questioning on the 16th of last month. Though the prosecution had completed a second summons for President Yoon, they eventually agreed to transfer the case to the agency on the 18th of last month.
After President Yoon failed to respond to three summonses, the agency obtained an arrest warrant from the Seoul Western District Court and apprehended him at the presidential residence in Hannam-dong, Yongsan-gu, on the 15th after two failed attempts. The agency interrogated President Yoon for 10 hours and 40 minutes on the day of his arrest. However, he exercised his right to remain silent, only stating that martial law is a presidential power under the constitution, not a matter for judicial evaluation, and he refused to sign or seal the statements.
Despite repeated summonses and efforts, including forced escorts and on-site investigations at Seoul Detention Center, President Yoon declined to participate, citing preparations for a Constitutional Court impeachment trial defense. Consequently, the agency forwarded the case to the prosecution five days earlier than the initially calculated 28-day detention period, having not completed a substantive investigation.
Initially, the agency and the prosecution tentatively agreed to share the maximum 20-day detention period, including the arrest period, equally. However, given the ineffective state of the investigation and legal ambiguities over the precise detention period, there was concern that delaying too long could risk President Yoon’s release.
The agency noted that it would have been challenging to announce the investigation results without the cooperation of the National Police Agency’s National Investigation Headquarters and the Ministry of National Defense’s Investigation Headquarters, while the prosecution’s timely cooperation in transferring the case and providing relevant documents and indictments facilitated the process.
Emphasizing ongoing investigations, the agency stated that it continues to pursue cases related to martial law involving suspects and parties concerned, ensuring all responsible parties, regardless of status, are subject to legal measures without exception.
Upon receiving the case, the prosecution is expected to conduct a face-to-face investigation with President Yoon and is anticipated to file a formal detention indictment around the 5th of next month.