Criticism of Exceptions Applied in Warrants
"A Case Difficult to Find Precedent"
"An Outrageous Act Violating the Separation of Powers"

Amid the issuance of an arrest warrant for President Yoon Suk-yeol on charges including rebellion, Yoon Sang-hyun, a member of the People Power Party, criticized it as "judge shopping."


On the 2nd, Representative Yoon posted on his social media account, "Judge Lee Soon-hyung, the warrant-specialized chief judge of the Seoul Western District Court, issued the arrest and search warrants for President Yoon Suk-yeol, including the phrase 'In this warrant, the application of Articles 110 and 111 of the Criminal Procedure Act is excepted.'" He continued, "Articles 110 and 111 of the Criminal Procedure Act stipulate that 'military or official secret locations cannot be searched without the consent of the person in charge or the institution.'" He added, "However, nowhere in the Criminal Procedure Act is a judge granted the authority to create such exceptions." He explained, "Even within the legal community, it is rare and criticized that a judge issuing a warrant would exclude specific provisions of the law."

Yoon Sang-hyun, Member of the People Power Party. Photo by Kang Jin-hyeong

Yoon Sang-hyun, Member of the People Power Party. Photo by Kang Jin-hyeong

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He stated, "A judge, as a member of the judiciary, acts as if possessing legislative power by excluding the application of current laws, effectively enacting a special law. This recent action by the Seoul Western District Court is illegal, null, and an act that undermines the judiciary's credibility." He added, "Both Jeong Gye-seon, nominated by the Democratic Party as a constitutional court justice candidate, and Chief Judge Ma Eun-hyuk are from the Western District Court, and Judge Lee Soon-hyung, who issued the warrant, is a member of Uri Beop Yeonguhoe, a progressive judges' association." He further claimed, "The reason such unprecedented events?where the Corruption Investigation Office for High-ranking Officials (CIO) succeeded in 'judge shopping' to obtain arrest and search warrants and explicitly except Articles 110 and 111 of the Criminal Procedure Act?could occur is due to a solid left-wing judicial cartel."



Additionally, Representative Yoon pointed out, "Not only does the CIO claim jurisdiction over rebellion charges based on abuse of authority, but it also intends to investigate rebellion charges that are not stipulated in the law, which is a dangerous act that undermines the principles of the Criminal Procedure Act and the Constitution and nullifies laws that limit the scope of investigative authority." He urged, "The Supreme Court must promptly conduct a fact-finding investigation into this matter. If illegal acts are found during the process, those responsible should be removed from their duties and disciplined." He emphasized, "We must not tolerate such outrageous acts that violate the separation of powers and undermine the principles of the rule of law."


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

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