Former President Yoon Suk Yeol arrives at the Seoul Central District Court in the capital to attend a hearing on his potential arrest over his failed attempt to impose martial law on Wednesday. (Yonhap)
Former President Yoon Suk Yeol arrives at the Seoul Central District Court in the capital to attend a hearing on his potential arrest over his failed attempt to impose martial law on Wednesday. (Yonhap)

Disgraced former president attends another arrest warrant hearing on five criminal offenses

Former President Yoon Suk Yeol attended an arrest warrant hearing at a Seoul court on Wednesday to oppose his potential formal arrest on major charges that include abuse of power, special obstruction of public duty and preparation of false public documents.

During the hearing that began behind closed doors, the Seoul Central District Court started to review whether there are reasonable grounds that the defendant committed serious crimes and concerns that he might destroy evidence or attempt to flee.

The special counsel team — led by Cho Eun-suk to investigate the former president’s alleged insurrection and treason — requested that the Seoul Central District Court on Sunday issue the warrant for Yoon’s formal arrest, after conducting two separate interrogations on June 28 and July 5.

One of the key allegations is that Yoon met with only a few Cabinet members before declaring martial law on Dec. 3, merely informing them of what was to come in a two-minute meeting.

The special counsel team has accused the former president of obstructing the Cabinet’s right to exercise the legal authority to review the declaration.

According to the special counsel, Yoon fabricated an official martial law document two days after declaring martial law, on Dec. 5.

Though the martial law imposition was lifted by the National Assembly, then-Prime Minister Han Duck-soo and former Defense Minister Kim Yong-hyun reportedly signed the backdated document to make Yoon’s martial law declaration appear as if it had been issued through an appropriate legal procedure.

Article 82 of the Constitution stipulates that “the acts of the president under law shall be executed in writing and shall be countersigned by the prime minister and members of the Cabinet.”

Kang Eui-gu, at the time a secretary at the presidential office who drafted the document, reportedly testified in the special counsel investigation that the document was discarded at Han’s request and upon Yoon’s approval. The decision violated Article 82 of the Constitution, which stipulates that acts of the president under law shall be executed in writing and such documents need to be signed by the prime minister and Cabinet members concerned.

The power abuse charges against the former president allege that he ordered his spokesperson to tell the foreign press that his government had no intention of undermining constitutional order. They also allege that he instructed the Presidential Security Service to block police and the Corruption Investigation Office for High-Ranking Officials from executing a warrant in January and that he ordered the deletion of records from secure phones used by three military commanders who were key personnel involved in imposing martial law.

Yoon’s legal representatives have denied all charges.

Though the court’s decision is yet to be made as of press time, those in legal circles expect the result to be announced late Wednesday night or early Thursday.

If the court grants the warrant, Yoon will be taken back into custody and become an inmate at Seoul Detention Center in Uiwang, Gyeonggi Province.

Yoon was formally arrested after the Seoul Western District Court issued a warrant, citing concerns over the destruction of evidence, before the impeachment verdict in mid-January. He was released after 52 days in detention as the court determined there were no valid grounds for extending the detention.


sj_lee@heraldcorp.com