The declaration of the declaration continues to have consequences and generating holders. The Special Prosecutor’s Office investigating that episode has requested this Sunday the arrest of the then Prime Minister, for his alleged involvement in that incident that led to one of the greatest institutional crises in this Asian democracy. The accusation argues that they have been the position until the elections of last June – collaborated with the then president in his attempt to insurrection, and also imputes the crimes of perjury and falsification and destruction of official documents, collects the local press. It is the first time that a former prime minister faces the possibility of being arrested in the history of South Korea.
The Group of Prosecutors led by Cho Eun-Seok considers that Han, as second in command of the Executive and vice president of the Council of Ministers, had the constitutional duty to stop the declaration of the martial law. However, according to the research team, not only did it not, but also would have acted as a key complicit in Yoon’s maneuver.
“The prime minister is the only public office appointed directly by the President, and plays the function of helping in the task of defending the Constitution as the main institution of the State. Han was the highest authority that could have prevented the imposition of an unconstitutional and illegal martial law,” said the spokeswoman for the research team, Park Ji-Yeong, quotes the South Korean agency Yonhap.
The request for arrest against have been part of a general criminal investigation on the attempt to impose martial law in December, in which the former prime minister initially appeared only as a witness, but who is now indicated as a key suspect. Prosecutors who instruct the case detail in their application for arrest, of 54 pages, which the former prime minister convened a cabinet meeting before the declaration of the martial law “not with the aim of stopping the measure, but to give an appearance of legality to the process.” The accusation alleges that they have just brought together the minimum quorum of 11 ministers to open the session, without ensuring that a real deliberation occurred.
He is also accused of subsequently preparing a document to correct the legal errors of the initial proclamation. The text, signed by Han and the former Minister of Defense, Kim Yong-Hyun, would have been destroyed later, with the objective of “avoiding new controversies,” reports the newspaper Chosumbiz. The Prosecutor’s team considers this fact a key proof that they have intended to provide the executive performance of a legality varnish.
The new accusation contrasts with a ruling from the March Constitutional Court, when it reinstated it in the position of acting president. Han had assumed the provisional presidency in mid -December, after (Parliament). Less than two weeks later, under the same process of impeachmentbut in March ,. In his ruling, the High Court avoided ruling on the legality of martial law and considered that there was not enough evidence to support the accusations of the Assembly against Han for his alleged complicity with Yoon.
They have also faced positions for Perjury, accused of lied to the Constitutional Court and the National Assembly by declaring that he did not know the document of proclamation of the martial law. However, in an interrogation on the 19th, they have rectified their statement and admitted that it did receive it from the former president.
Among the reasons that the Prosecutor’s Office alleges to detain the severity of crimes, the risk of destruction of evidence and escape, and the possibility of recidivism. It will now be a judge who decides if he authorizes his preventive detention. The view to evaluate the petition will take place next week and, if the court approves it, they will enter prison while the cause is instructed. That panorama could also open the door for the investigation to be extended to the rest of the Yoon Cabinet members. In the event that they reject it, they will have been released, but the criminal investigation will continue and could end up sitting on the bench later. However, that possibility would mean a significant setback for the Prosecutor’s Office, since it would reduce the accusation and give the defense to question the solidity of the charges.
This Special Prosecutor’s Office was created in early summer, after the approval of a law in the Parliament promoted by the, winner of the June 3 elections. It is an autonomous body within the judicial system, which has extraordinary powers to issue judicial orders, make records, interrogate suspects and request arrest orders against high positions if it considers it necessary. He is directed by Cho Eun-Suk, an outstanding figure within the South Korean judiciary, who was in charge of the sinking of the Ferry Sewol in 2014, in which 304 people died.
The team seeks to clarify the criminal responsibilities of former president Yoon and who participated in his alleged insurrectional plan of last December. In April, he, what opened the door for Justice to continue investigating other criminal charges. Since then, Yoon has been formally charged with leading an insurrection, a crime that South Korean law punishes with life imprisonment or even the death penalty (on which there is a moratorium since 1997). The former directive is in pretrial detention as long as his criminal trial progresses in this case.
It is also found, but within the framework of a different investigation. Kim was arrested last week by another special team of prosecutors that investigates alleged crimes of corruption, stock manipulation and influence peddling.
