A special counsel must be appointed to investigate insurrection charges against South Korean President Yoon Suk Yeol, Korean Bar Association President Kim Young-hoon said Tuesday, stressing it as essential to resolving the controversy over related criminal investigations.
Recently, concerns have been raised regarding investigative authorities being unable to exercise an arrest warrant for Yoon due to the Presidential Security Service citing Korean law that prohibits investigations into areas dealing with “official secrets.”
Authorities were also blocked from conducting raids of the presidential office and Yoon’s residence during previous investigations throughout December, likewise due to the Presidential Security Service preventing them from doing so.
“The best way to resolve the issues and confusion regarding the criminal investigations surrounding the martial law decree is to quickly appoint the proposed special counsel to investigate,” said Kim during a press conference Tuesday.
According to Article 84 of the Constitution, the president cannot be charged with a crime while in office except in cases of insurrection or treason. Therefore, an investigation would require a special counsel, which can be appointed in cases involving allegations of high-profile or politically sensitive crimes.
The special counsel investigation proposal refers to the motion that passed in the National Assembly on Dec. 10, which aims to appoint a special counsel by invoking the Act on the Appointment of an Independent Prosecutor to investigate whether Yoon led an insurrection and committed abuse of power on Dec. 3.
Under South Korean law, a president is unable to exercise his veto power over a special counsel, and must appoint the special counsel within three days. However, as the law doesn’t specify a punishment if the president fails to meet the deadline, the special counsel still hasn’t been appointed as of Tuesday.
“By law, the president is required to immediately appoint the special counsel within three days,” mentioned Kim. “From President Yoon Suk Yeol to former acting President and Prime Minister Han Duck-soo and now to acting President Choi Sang-mok, three different individuals have exercised the powers of the presidency but are neglecting the legal obligations that come with such powers and aren’t specifying the reasons why they aren’t doing so.”
Kim described Yoon’s refusal to comply with the execution of his arrest warrant as a “crisis in the judicial system,” and added that if a special counsel were to be appointed, issues surrounding Yoon’s noncompliance with criminal investigations would not occur.
“Once a special counsel is appointed, we will be able to move past all controversies surrounding the criminal investigations around Yoon and begin the investigative process anew,” said Kim.
Kim also pointed out that “political stability must be pursued, centered around acting President Choi,” and called on the Presidential Secretariat and the Office for Government Policy Coordination to provide support for the acting president and “quickly establish a system that enables Choi to make the right decisions.”
