“The Execution of a Warrant as a Forced Investigation Exceeds the Duties of a Police Unit”
Yoon Suk Yeol’s legal representative, lawyer Yoon Gap-geun, speaks about the court’s issuance of an arrest warrant for President Yoon outside the Seoul Central Prosecutor’s Office on the morning of December 31 last year. /Photo=News1
, ‘[Financial News] President Yoon Suk Yeol’s side has claimed that the Corruption Investigation Office for High-ranking Officials (CIO) violating lawful conduct by attempting to deploy police units for the execution of an arrest warrant. ‘,
, ‘On the 2nd, Yoon’s legal representative, lawyer Yoon Gap-geun, stated, “The CIO is trying to use police units to attempt an arrest of the president and search Yongsan Residence, but this is an illegal act without legal grounds.” ‘,
, ‘Lawyer Yoon explained, “For the police units to execute a warrant, they need investigative command authority over the police as the prosecution previously had, but the CIO Act does not grant the CIO such comprehensive investigative command over the police. The mission of police units is to maintain public order and conduct policing, not to carry out forced investigative activities under the command of a certain investigative agency.” ‘,
, ‘He further argued, “While the police units could conduct ‘crowd control to prevent physical conflict’ under Article 17, Clause 4 of the CIO Act, executing the warrant as a forced investigation goes beyond their mission scope. Their role is truly limited to suppressing demonstrations and maintaining order, not assisting in investigations.” ‘,
, ‘Additionally, he stated, “The arrest and search warrants should be executed directly by CIO prosecutors and investigators, and there is no legal basis for police units to execute them or engage in closely related actions. Therefore, direct actions by the police units related to arrest and search would violate the constitutional principles of warrant issuance, the Criminal Procedure Act, and the CIO Act. If police units go beyond crowd control activities to prevent physical conflict and step in to execute arrest and search warrants on behalf of the CIO, they may be arrested as offenders of abuse of authority or obstruction of public administration, by both the Guard Service and any citizen.” ‘,
, ‘Previously, the CIO stated that it was in discussions with the police to prepare for any possible physical confrontation with President Yoon’s supporters or the Presidential Security Service during the warrant execution process. The possibility of deploying police units was also noted as “not impossible.” ‘,
, ‘On December 31 last year, the CIO obtained arrest and search warrants for President Yoon, who faces charges of leading an insurrection and abuse of authority. The arrest warrant is valid until the 6th. ‘,
, ‘#MartialLaw #CIO #YoonSukYeol ‘,
,