Arrest Warrant for Han Ducksoo on 'Aiding Insurrection' Charges Dismissed... Special Prosecutor Says "Respectful but Disappointed"
Court: "No Risk of Evidence Destruction or Flight"
Special Prosecutor: "Senior Officials Must Be Held Strictly Accountable"
Investigation Faces Setbacks... Possible Reconsideration of Arrest Request
The arrest warrant for former Prime Minister Han Ducksoo, who is accused of aiding and abetting former President Yoon Sukyeol's insurrection, has been dismissed. The Special Prosecutor's Office for the Insurrection Case (Special Prosecutor Cho Eunseok) took the unprecedented step of requesting an arrest warrant for a former prime minister in the history of the constitution, but the court's decision has inevitably dealt a blow to the momentum of the ongoing investigation.
On August 27, Judge Jeong Jaewook, head judge in charge of warrants at the Seoul Central District Court, dismissed the special prosecutor's request for an arrest warrant for former Prime Minister Han, who faces charges including aiding and abetting the leader of an insurrection, perjury, falsification and use of false official documents, damage to official documents, and violation of the Presidential Records Act, after conducting a substantive warrant review.
At a regular briefing on the morning of August 28, Special Prosecutor Park Jiyoung stated, "We respect the court's decision," but also expressed some regret, saying, "From the perspective that such a historical tragedy must never occur again through the strict application of the law, there is some disappointment."
With the failure to arrest former Prime Minister Han, the special prosecutor's plan to expand the investigation to include other cabinet members such as former Justice Minister Park Sungjae has been disrupted. Special Prosecutor Park said, "It does not appear to be an issue with the charges themselves. The next steps will be determined after internal discussions," adding, "I believe all citizens agree that senior public officials must be held strictly accountable to prevent a repeat of such history."
Former Prime Minister Han was initially accused of abetting the illegal imposition of martial law, leading to the request for his arrest. The special prosecutor's office argued that, based on the fact that former Director of Legislation Yoo Jino, who drafted the first constitutional law, stipulated that the prime minister be appointed with parliamentary approval to prevent the president from abusing power, former Prime Minister Han failed to fulfill his duty to serve as a check on presidential authority. The need for arrest was also cited due to allegations that he manipulated and destroyed the subsequent martial law proclamation to cover up legal flaws in the original proclamation. However, the court did not issue the warrant.
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Judge Jeong Jaewook explained the reasons for dismissal by stating, "Given the evidence secured and the current status of the suspect, it is difficult to see a risk of evidence destruction beyond the exercise of the right to defense," and added, "There is room for legal dispute regarding key facts and the series of actions taken by the suspect." He continued, "Considering the suspect's career, age, attendance during investigation, and attitude in testimony, it is also difficult to see a risk of flight."
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