Former Judge Turned Lawyer: "If Security Office Staff Face Issues Refusing Illegal Orders, I Will Provide Pro Bono Representation"

Recently, as the execution of an arrest warrant for President Yoon Suk-yeol has put the Presidential Security Service staff in a dilemma, a post written by a former judge-turned-lawyer has become a hot topic.

On the 12th, lawyer Oh Ji-won stated on his Facebook, "To the security guards and related personnel, if you refuse illegal orders and face problems, I will provide free legal defense." Oh previously served as a judge at the Suwon District Court and Daejeon District Court.

He said, "The suspect Yoon Suk-yeol is tormenting the youth due to his own cowardice," adding, "They are being forcibly summoned and kept on standby, unable to properly have meals or rest... and there are concerns about contradictory punishments. How much must they be struggling?"

He continued, "The immediate superior orders you that your mission is to protect President Yoon and that you must prevent the arrest, while the Ministry of National Defense and the National Police Agency tell you not to participate in illegal obstruction of official duties," pointing out. He further argued, "It is clear. The possibility of punishment for disobeying orders is very low, while the possibility of punishment for special obstruction of official duties is high," and explained, "There is no obligation to carry out an illegal order from a superior, but if you carry it out and commit an illegal act yourself, you cannot avoid punishment."

As the prosecution and police are strongly expected to attempt to execute the second arrest warrant for President Yoon Suk-yeol sometime this week, people presumed to be security personnel are seen moving at the entrance of the presidential residence in Hannam-dong, Yongsan-gu, Seoul on the 12th. Photo by Yonhap News

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Lawyer Oh emphasized, "Above all, South Korea is currently in a state of functional paralysis. The economy, diplomacy, and politics are all at a standstill," adding, "This arrest is an extremely important law enforcement action that must overcome this national crisis by summoning and investigating the suspect according to due process and prosecuting him, and it will also serve as a measure of South Korea's rule of law and credibility overseas."

He said, "If you refuse orders to obstruct the arrest and face issues for disobeying orders, I will provide free legal defense," and added, "From your perspective, you might also worry that if the president regains power, you will be severely punished for disobedience." However, Oh noted, "The president declared martial law in front of all citizens and the world, which was ruled unconstitutional and lifted, and impeachment is imminent," stating, "It will take time, but suspect Yoon Suk-yeol will definitely be punished for any crime, whether it be rebellion or military insurrection. He is not only a president whose functions have already been suspended but also a historical criminal who has paralyzed the nation's functions for over a month." Oh also tagged the post with the hashtag 'Refuse orders to obstruct arrest.'

Earlier, on the 11th, a post appeared on the internal network of the Presidential Security Service stating that "it is illegal to obstruct the execution of an arrest warrant by investigative agencies." The author claimed, "In the current situation, obstructing the execution of an arrest warrant by investigative agencies may constitute obstruction of official duties," and "cooperation with the execution of warrants by investigative agencies is necessary." However, the post was reportedly deleted shortly after being posted on the internal network.

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