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Impeached President Yoon Suk Yeol says his arrest warrant is illegal and invalid

AKP STAFF
Posted by Sophie-Ha Tuesday, December 31, 2024 8,198

On December 31, the Seoul Western District Court approved an arrest warrant for impeached President Yoon Suk Yeol. Regarding the warrant, President Yoon’s side argued that it was an “illegal and invalid warrant” and announced plans to file a jurisdictional dispute and an injunction to suspend its effect with the Constitutional Court.

Upon learning of the arrest warrant issuance that morning, President Yoon’s legal team released a statement as follows:

"We are shocked and find it utterly unacceptable that an arrest warrant requested by the Corruption Investigation Office for High-ranking Officials (CIO), which lacks investigative authority, has been issued.
It is highly regrettable that the warrant was filed with the Western District Court instead of the Seoul Central District Court, which would have jurisdiction over the case, according to precedent and principles.
Additionally, as the incumbent president, there were valid reasons, such as issues related to investigative authority, for not appearing in person. We cannot comprehend the issuance of an arrest warrant under such circumstances.
An arrest warrant and a search and seizure warrant requested by an investigative body without proper authority and subsequently issued are unlawful and invalid as they violate the law."

Around 11:30 AM, attorney Yoon Gap Geun held a press conference in front of the Seoul High Prosecutors' Office. Attorney Yoon stated, “It is shocking that a warrant was issued based on a request from an agency without proper authority. It is regrettable that the CIO (Corruption Investigation Office), which has historically filed cases with the Central District Court, unprecedently sought the warrant from the Western District Court.” He emphasized, “Issuing such an illegal warrant contradicts the rule of law and is invalid.”


Attorney Yoon Gap Geun

When journalists pointed out that the warrant issued by the court for insurrection charges might indicate the resolution of legal disputes, attorney Yoon responded, “The issuance of a warrant does not resolve everything.” He reiterated, “This is clearly a warrant request from an unauthorized institution, and the process was not transparent, making it an unlawful request.”

Attorney Yoon also stated that President Yoon would not comply with the arrest warrant issued by the court.

To questions like “Isn’t compliance with an arrest warrant part of the legal procedure?” and “Are you claiming the court’s decision is illegal?” attorney Yoon repeatedly answered, “An unauthorized institution made the request, and the procedure was irregular, rendering it invalid. He argued, “Under a proper judicial system, investigations should be conducted by the police, with prosecutors applying for the warrants. However, forming a joint investigation unit where the police investigate, and CIO prosecutors apply for warrants, is an attempt to circumvent the law.”

When asked, “Then which investigative agency has the legal basis and authority to investigate President Yoon?” attorney Yoon replied, “The law provides the answer,” adding, “We are reviewing the matter internally, but it is not appropriate to disclose details at this time. If the investigating agency follows the law, we will respond accordingly.

Regarding the mention of President Yoon as the ringleader of an insurrection in the warrant, attorney Yoon reiterated his stance that “the insurrection charge fundamentally cannot be established.” When asked if this was an attempt to avoid investigation, he said, “There is no intention to evade or delay the investigation.” He also noted, “Once the main arguments begin at the Constitutional Court, President Yoon will personally have the opportunity to speak. Depending on the progress of the hearings, he is willing to attend not just once but twice if necessary.”

About an hour after the press conference concluded, attorney Yoon further announced plans to file a jurisdictional dispute and an injunction to suspend the effect of the arrest warrant with the Constitutional Court.


SEE ALSO: Fire at National Hangeul Museum in Yongsan extinguished after 7 hours

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