Martial Law Special Prosecutor Fails to Detain Chu Kyungho for Obstructing Vote to Lift Martial Law: "Cannot Accept Court's Decision"

The special prosecutor team led by Cho Eunseok, which is investigating charges of insurrection and treason related to the December 3 Martial Law, failed to secure the custody of Chu Kyung-ho, a member of the People Power Party, who is accused of obstructing fellow party lawmakers from participating in the vote to lift martial law. The special prosecutor's office stated that it "cannot accept the court's decision" and announced its intention to indict Chu without detention.

On the 3rd, Chu Kyung-ho, a member of the People Power Party accused of obstructing lawmakers' participation in the vote to lift martial law during the December 12-3 emergency martial law period, was released from Seoul Detention Center in Uiwang, Gyeonggi Province after his arrest warrant was dismissed. Photo by Yonhap News

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On the 3rd, Lee Jeongjae, the presiding judge in charge of warrants at the Seoul Central District Court, dismissed the arrest warrant for Chu after conducting a substantive warrant review the previous day.

The court explained its decision, stating, "There is room for dispute regarding the charges and legal principles, so it is appropriate to conduct a thorough and detailed trial before making a proper judgment and imposing any punishment."

The court further noted, "Given that the suspect needs to exercise his right to defense with the assistance of counsel while not in custody, and considering the suspect's residence, career, the progress of the investigation, his attendance, and the extent of evidence collected, there is little risk of flight or evidence destruction." The court added, "It is difficult to recognize the necessity of detention."

The special prosecutor's office had requested an arrest warrant for Chu on charges of obstructing other lawmakers from participating in the vote to lift martial law by repeatedly changing the location of the party caucus at the request of former President Yoon Suk-yeol’s camp during the declaration of martial law last year.

After the declaration of martial law, Chu convened an emergency party caucus and changed the location three times: National Assembly → Party Headquarters → National Assembly → Party Headquarters. As a result, the National Assembly's resolution to demand the lifting of martial law was passed with 190 members present and 190 in favor, while 90 out of 108 People Power Party lawmakers did not participate.

The special prosecutor's team suspects that, at around 11:22 p.m. on December 3 last year, Chu received a phone call from former President Yoon asking for cooperation with the martial law, and subsequently attempted to prevent People Power Party lawmakers from participating in the vote to lift martial law.

Chu has denied all charges. During the review, he reportedly stated, "I was not aware of the illegality of the martial law declaration, and the special prosecutor requested an arrest warrant based solely on circumstantial evidence."

After reviewing both sides' arguments, the court dismissed the warrant, siding with Chu. The special prosecutor's office stated, "We respect the court's decision but cannot accept it," adding, "We will promptly file charges so that appropriate punishment can be determined in court."

The special prosecutor's team also pointed out, "Chu personally witnessed armed soldiers trampling the National Assembly and citizens confronting the military in protest, yet as the leader of the ruling party, after sequentially speaking with the Senior Presidential Secretary for Political Affairs, the Prime Minister, and the President, he took no action to protect the safety of the citizens or uphold constitutional order."

With the special prosecutor's warrants for former Prime Minister Han Ducksoo and former Minister of Justice Park Seongjae also having been dismissed, the investigation is facing difficulties in securing momentum in its final stage. Considering the remaining investigation period, it appears that Chu will be indicted without detention. The special prosecutor's investigation period expires on the 14th.

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