If granted, arrest warrant will be valid until Feb. 6

The Seoul Central District Prosecutors' Office in Seocho-gu, southern Seoul (Yonhap)
The Seoul Central District Prosecutors' Office in Seocho-gu, southern Seoul (Yonhap)

The prosecution announced Friday that it filed for an extension of the arrest warrant for President Yoon Suk Yeol with the court on Thursday, as authorities continue to investigate the president’s martial law decree made early last December.

The announcement comes a day after Yoon’s case was transferred from the Corruption Investigation Office for High-ranking Officials to the Seoul Central District Prosecutors’ Office, after the CIO failed numerous times to successfully interrogate Yoon on charges of insurrection.

The special prosecution team investigating the martial law decree filed for court approval for Yoon's warrant to be extended until Feb. 6 with the Seoul Central District Court. The court is expected to make a decision on the prosecution's request as early as Friday.

While the initial arrest warrant for Yoon was issued by the Seoul Western District Court, the prosecution considers the Seoul Central District Court as the court with jurisdiction over cases related to insurrection, according to authorities.

As Yoon’s case was transferred from the CIO to the prosecution, the Seoul Central District Court is also expected to assess the legal validity of the arrest warrant issued by the CIO in this next phase of investigations.

Under South Korean law, a suspect can be detained for 10 days after an arrest warrant has been issued, and the warrant can be extended for another 10 days, if approved. Yoon was arrested on Jan 19, meaning the initial warrant issued to the CIO is valid until Jan. 29.

When considering previous cases of former presidents who were detained, it is likely that Yoon’s investigation will involve prosecutors visiting Yoon's current place of detention, instead of summoning him to the prosecution’s office. Investigations could also begin as early as the upcoming weekend to speed up the investigation process.

Given the gravity of the situation, the prosecution is reportedly not considering written investigations as an alternative option. It remains unclear whether Yoon, a former prosecutor general, will cooperate with an investigation led by the very institution he once commanded.

Should the court deny the extension request, the prosecution will be required to proceed with an immediate indictment, a scenario which the prosecution is reportedly preparing for as well.

Though Yoon was uncooperative during the CIO’s interrogations, speculation over the possibility of Yoon being more cooperative with the prosecution is also on the rise, as Yoon was a prosecutor before assuming office as president in 2022.

Yoon has so far justified his noncompliance with the CIO’s investigation by arguing that the CIO “lacks jurisdiction over insurrection charges” and that the Seoul Western District Court is also “not competent court” for this case.

While the CIO's investigative authority has been the subject of legal debates between Yoon’s legal representatives and CIO authorities, the prosecution’s investigation is expected to be on firmer ground, as supported by the Prosecutors’ Office Act.

Yoon is currently detained at the Seoul Detention Center in Uiwang, Gyeonggi Province, while the Constitutional Court is also trying to determine whether to uphold or dismiss the impeachment bill approved by the National Assembly on Dec. 14. If upheld, Yoon will be removed from office and a presidential election will begin within 60 days; if dismissed, Yoon will reassume his position as president.