Yoon questioned again, this time on rebellion charges, as special prosecutor digs into martial law

Special prosecutor weighs rebellion indictment amid double-jeopardy concerns; court to rule Monday on arrest warrants for four former military officials

Former President Yoon Suk Yeol delivers an emergency address to the nation from the presidential office in Yongsan, Seoul, on the night of Dec. 3, 2024. [Presidential Office]

By Choi Eui-jong, The Herald Business

Former President Yoon Suk Yeol appeared Saturday at the office of the second comprehensive special prosecutor's team — led by Special Prosecutor Kwon Chang-young — for questioning, one week after his first appearance.

The second comprehensive special prosecutor's team, which is investigating allegations not covered by the three earlier special prosecutors handling insurrection, Kim Keon Hee and the Marine Corps death cases, summoned Yoon at 10 a.m. Saturday on suspicion of leading a rebellion under the Military Criminal Act. It was his second questioning session; the first, on June 6, focused on charges of abuse of authority for allegedly ordering civil servants to relay messages justifying the martial law declaration to allied nations.

Yoon left the Seoul Detention Center in Uiwang, Gyeonggi Province, aboard a Ministry of Justice transport vehicle and arrived at the special prosecutor's office in Gwacheon, Gyeonggi Province, at around 9:42 a.m. The vehicle went directly into the building's underground parking garage. As with the first session, Saturday's questioning was conducted without media access.

According to the special prosecutor's team, Yoon is suspected of declaring emergency martial law and deploying troops to the National Assembly and the National Election Commission, thereby inciting a riot. The earlier insurrection special prosecutor's team, led by Special Prosecutor Jo Eun-seok, charged Yoon under the insurrection statute. The second comprehensive team, however, registered the case under the rebellion provision of the Military Criminal Act.

The team questioned former Defense Minister Kim Yong-hyun on June 4 on suspicion of rebellion and organizing a criminal group under the Military Criminal Act, though Kim reportedly refused to make a statement. Before that, the team had questioned former Army Chief of Staff Park An-su, who served as martial law commander, on May 15, and former Capital Defense Command chief Lee Jin-woo on May 19, both on rebellion charges.

Yoon and others under investigation maintain that charging them with rebellion while they are already on trial for insurrection would constitute double jeopardy. Under Korean law, if the same case is prosecuted twice before the same court, the second indictment must be dismissed. The special prosecutor's team is reportedly giving serious consideration to dropping the rebellion charges without indictment.

The team is expected to decide whether to indict on rebellion charges after completing Yoon's questioning. The team is also said to plan questioning Yoon's side about the Joint Chiefs of Staff. Through its investigation of former JCS Chairman Kim Myung-su, the team secured testimony indicating that preparations for the martial law declaration began around November 2023.

Former Joint Chiefs of Staff Chairman Kim Myung-su speaks as he arrives at the second comprehensive special prosecutor's office in Gwacheon, Gyeonggi Province, to be questioned as a suspect on charges including participation in key insurrection duties. [Yonhap]

The special prosecutor's team has also sought arrest warrants for four former JCS officials — former Chairman Kim Myung-su, former Vice Chairman Jeong Jin-pal, former readiness inspection vice chief Lee Jae-sik and former Army headquarters policy chief Kim Heung-jun — on charges of participating in key insurrection duties in connection with the JCS's alleged involvement in the martial law declaration, the team's first self-initiated case. The warrants were requested on June 9.

According to the special prosecutor's team, Kim Myung-su is suspected of having known in advance about the Dec. 3, 2024, emergency martial law declaration and of failing to exercise his authority and duty as the officer holding command over the Special Warfare Command and the Capital Defense Command to stop the unlawful deployment of troops and order their withdrawal.

The team suspects Kim also approved a request from the martial law commander to assign JCS personnel to the martial law situation room, thereby helping to set up the martial law command structure. He is further suspected of supporting and participating in discussions about deploying additional troops after the National Assembly passed a resolution demanding the lifting of martial law.

Kim's side, however, contends that former Defense Minister Kim Yong-hyun personally commanded and controlled the martial law troops from the moment martial law was declared and that Kim Myung-su was excluded from the decision-making process. His camp also says he first learned of the martial law declaration that night while preparing for bed at his official residence, and that he was unaware of any operational support provided by his staff.

A warrant review hearing to determine whether to detain Kim and the three others will be held Monday before Judge Bu Dong-sik, the Seoul Central District Court judge assigned to martial law-related arrest warrants. The outcome of Kim's warrant is expected to signal how much the special prosecutor's team has achieved as its investigation enters its final stretch.

The special prosecutor's team sought an arrest warrant for former Korea Policy Broadcasting Service (KTV) chief Lee Eun-woo on charges of inciting insurrection, but the court rejected it. The team did, however, detain and indict former presidential chief of staff Kim Dae-gi and former presidential office administrative secretary Yoon Jae-soon on suspicion of illegally diverting budget funds during the relocation of the presidential residence under the Yoon administration.

bell@heraldcorp.com