First Arrest Warrant for Prime Minister in Constitutional History... Martial Law Cabinet Investigation Expands

Special Prosecutor Charges Han Ducksoo with Six Counts Including Aiding Insurrection
Investigation into Cho Taeyong and Other Former Cabinet Members Expected to Accelerate Following Han’s Warrant Decision

Former Prime Minister Han Ducksoo is appearing on the 22nd at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, where the special prosecutor team led by Cho Eunseok, investigating the December 3 emergency martial law-related rebellion and foreign exchange cases, has set up its office.

The special prosecutor team investigating insurrection (headed by Special Prosecutor Cho Eunseok) has requested an arrest warrant for former Prime Minister Han Ducksoo. This is the first time in the history of the constitution that an arrest warrant has been requested for a sitting or former Prime Minister. If the special prosecutor secures custody of former Prime Minister Han, it is expected to give momentum to investigations into other cabinet members, such as former National Intelligence Service Director Cho Taeyong, who is suspected of aiding former President Yoon Sukyeol in declaring martial law.

On August 25, legal circles and observers noted that the special prosecutor’s decision to request an arrest warrant for former Prime Minister Han is seen as a strategic move to establish a framework suggesting that the Yoon Sukyeol administration effectively supported the insurrection. There is growing speculation that the special prosecutor did not charge Han with the "major role in insurrection"-as was applied to former Defense Minister Kim Yonghyun and former Interior Minister Lee Sangmin-but instead charged him with aiding the insurrection, possibly in consideration of future investigations into other cabinet members. According to the law, those with a major role in insurrection can be sentenced to death, life imprisonment, or at least five years in prison, while those who aid insurrection face life imprisonment or at least three years in prison.

The special prosecutor team filed for an arrest warrant against Han on the previous day on charges of aiding the ringleader of insurrection, perjury, falsifying official documents, damaging official documents, violating the Presidential Records Management Act, and using false official documents. In the 54-page warrant request, the team stated, "The crimes are serious, and there is a risk of evidence destruction, repeat offenses, and flight."

According to the special prosecutor, Han, as Prime Minister-the "primary state official" and Vice Chair of the Cabinet-faces allegations of failing to prevent and instead aiding former President Yoon’s illegal declaration of emergency martial law. The special prosecutor believes that Han was preoccupied with ensuring the attendance of the required quorum of 11 cabinet members to convene the cabinet meeting and neglected to ensure a proper review by the cabinet members.

The special prosecutor cited the precedent set by Yoo Jin-oh, the former head of the Legislative Bureau who drafted the original Constitution, stating that "to prevent the President from acting unilaterally, the Prime Minister should be appointed with the approval of the National Assembly." On this basis, the team argued that even if there is no explicit constitutional provision, the Prime Minister has a duty to check the President’s abuse of power.

Special Prosecutor Park Jiyoung explained, "The Prime Minister is the only official in the executive branch appointed by the President and serves as the primary state official who assists in upholding the Constitution," adding, "As Vice Chair of the Cabinet, the Prime Minister is also a constitutional mechanism to preemptively check and control the President’s arbitrary exercise of power."

She continued, "Former Prime Minister Han was the highest constitutional official who could have prevented the unconstitutional and illegal declaration of martial law in advance," stating, "Considering this position and role, we have requested an arrest warrant."

The special prosecutor’s investigation is expected to target the 11 cabinet members who attended the cabinet meeting convened by former President Yoon at the time of the emergency martial law declaration. Those present at the meeting included former Prime Minister Han, former Foreign Minister Cho Taeyeol, former Finance Minister Choi Sangmok, former Interior Minister Lee Sangmin, former Justice Minister Park Sungjae, former Unification Minister Kim Youngho, former NIS Director Cho Taeyong, former Presidential Chief of Staff Chung Jinseok, former National Security Advisor Shin Wonsik, Minister of Agriculture, Food and Rural Affairs Song Miryung, former Health and Welfare Minister Cho Kyuhong, and former SMEs and Startups Minister Oh Youngju.

While the special prosecutor does not consider all of these individuals as criminal suspects, it is expected that a full-scale investigation will begin for those deemed to have actively cooperated with the emergency martial law, depending on whether the arrest warrant for former Prime Minister Han is issued.

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