The Corruption Investigation Office, National Police Agency, and Ministry of National Defense Launch 'Joint Investigation Headquarters'... Is the Prosecution Excluded?

To investigate the 'December 3 Emergency Martial Law Incident,' the High-ranking Officials' Crime Investigation Division (PCC) along with the police and the Ministry of National Defense have decided to operate a joint investigation headquarters.

On the 11th, the PCC's task force investigation team related to the 'Emergency Martial Law Incident' stated, "The PCC, the National Investigation Headquarters of the National Police Agency, and the Investigation Headquarters of the Ministry of National Defense have decided to operate a joint investigation headquarters (abbreviated as Joint Investigation HQ) to investigate the 'December 3 Emergency Martial Law Incident' more swiftly and efficiently."

Government Gwacheon Complex, Corruption Investigation Office for High-ranking Officials. Photo by Heo Young-han

The PCC explained, "At the Joint Investigation HQ, each agency will leverage its strengths?PCC's legal expertise and warrant issuance authority, the National Investigation Headquarters' investigative experience and capabilities, and the Ministry of National Defense Investigation Headquarters' military expertise?to cooperate organically and resolve confusion and inefficiency caused by overlapping investigations."

They added, "Through the Joint Investigation HQ, the PCC will conduct a swift and thorough investigation regardless of rank or status to clarify the truth, ensuring no suspicions remain regarding this incident."

The PCC also announced that detailed information such as the number of personnel to be deployed will be notified later.

Meanwhile, the prosecution arrested Kim Yong-hyun, former Minister of National Defense and a key suspect in this incident, the previous day. The court issued an arrest warrant, judging that under Article 4, Paragraph 1, Subparagraphs 1 (b) and (c) of the Prosecutors' Office Act, the prosecution has the legal authority to investigate this rebellion case as it is a crime directly related to a crime committed by a police officer.

In this context, with the launch of the joint investigation headquarters by the PCC, police, and Ministry of National Defense excluding the prosecution, confusion surrounding the investigation of this case is expected to be inevitable for the time being.

The PCC Act stipulates that when the PCC requests the transfer of a case to the police or prosecution, the investigative agency receiving the transfer request must comply. However, the prosecution's position is that transfer requests should be exercised only when objective conditions stipulated by the PCC Act are met, and they will not comply if the conditions are not satisfied.

Previously, it was reported that the Supreme Prosecutors' Office proposed the formation of an investigative consultative body for this case to the police and PCC and has been conducting consultations.

This content was produced with the assistance of AI translation services.