Yoon's Side: "Prosecutors' Office Investigation Illegal, Prosecution by Prosecutors Also an Extension of Illegality"

The legal team of President Yoon Seok-yeol, who has been detained and indicted on charges of leading a rebellion, has labeled the investigation by the High-ranking Officials' Crime Investigation Division (Gongsoocheo) as illegal, asserting that "the prosecution's indictment is also an extension of this illegality."

On the 27th, President Yoon's legal team issued a statement saying, "A poisonous tree bears only poisonous fruit," expressing this view. This is interpreted as a strategy to deny the admissibility of evidence by likening it to the 'doksoodokgwa' theory, which holds that evidence derived from illegally obtained evidence is also illegal.

The legal team announced that in the upcoming trial, they will present various arguments regarding the illegality of the investigation authority over the crime of rebellion, the problems with the indictment based on illegal investigations, and the exclusionary rule for illegally obtained evidence.

The legal team claimed, "The prosecution and Gongsoocheo, which did not have investigative authority over the president, began the investigation by abusing their authority," and added, "They focused solely on the rebellion charges, neglecting the investigation into the actual abuse of authority for which they had investigative power."

They continued, "This is a typical separate investigation where the investigation into abuse of authority was used as a pretext to investigate rebellion," and criticized, "It has become a reversed investigation that destroys South Korea's judicial system and detains and indicts the president. It is a clear illegal investigation."

They also questioned, "Where has the abuse of authority charge, which was claimed to allow investigation of rebellion, disappeared to?" and pointed out, "How can a pillar stand without a foundation stone, and how can a beam be raised without a pillar?"

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Regarding the prosecution's choice to indict after the court twice rejected requests to extend detention, they said, "The prosecution turned a blind eye to Gongsoocheo's illegal investigation and voluntarily acted as a proxy for indictment and a porter," adding, "The prosecutors, including the Prosecutor General, must bear serious joint responsibility."

The Special Investigation Headquarters for the December 3 Emergency Martial Law (Headed by Park Se-hyun, Seoul High Prosecutors' Office Chief) received the case of President Yoon's rebellion charges from Gongsoocheo and indicted President Yoon on charges of leading a rebellion the day before.

The Supreme Prosecutors' Office explained, "Through a thorough investigation of key personnel such as former Minister of National Defense Kim Yong-hyun and others, and by compiling investigation records sent by the police including Police Chief Jo Ji-ho, sufficient evidence necessary to prove the charges has been secured," and stated that Prosecutor General Shim Woo-jung ordered the indictment.

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