The South Korean National Assembly on Thursday approved impeachment motions against the justice minister and police chief for their involvement in the planning and execution of President Yoon Suk Yeol’s short-lived martial law decree. Additionally, the parliament approved new laws to appoint two special prosecutors to thoroughly investigate Yoon’s martial law declaration, as well a stock manipulation scheme involving Yoon’s spouse, Kim Kun-hee.
The impeachment motion for Justice Minister Park Sung Jae was brought on claims of rebellion for failing to question the constitutionality of Yoon’s martial law decree or to actively stop its enforcement. A separate motion against National Police Agency Commissioner Cho Ji-ho was brought on claims of committing rebellion by deploying police forces to the parliament building after martial law was announced. Local media report that Cho was arrested on Wednesday, and the action of sending police forces to the National Assembly is being investigated as a criminal matter.
To investigate these matters, an “Act on the Appointment of a Special Prosecutor to Investigate the Truth about the Internal Rebellion through the Unconstitutional Martial Law Declaration by the Yoon Seok-Yeol Government” and an “Act on the Appointment of a Special Prosecutor to Investigate the Truth about the Stock Price Manipulation Case of President Yoon Seok-yeol’s Spouse Kim Kun-hee” have enacted under the Act on the Appointment of Independent Prosecutor. The laws stipulate the appointment and duties of special independent prosecutors. Under Article 3 (Procedure for Appointment of Special Prosecutors), the president must approve the appointment among recommended candidates. However, if the president does not approve within two days of receiving the recommendation, the oldest of the recommended candidates will be considered.
President Yoon had defended his declaration of martial law as a legitimate act of governance that did not amount to rebellion and cannot be the subject of investigations. The allegations of insurrection and treason under Article 84 of the South Korean Constitution prevent the president from enjoying immunity from prosecution during his tenure of office. Under such allegations, Yoon can be questioned and detained by investigative agencies over his martial law decree. However, the Presidential Security Service blocked the police from entering the presidential office as part of an investigation into the martial law decision.
The new laws have confirmed a wider scope of the special prosecutors’ power to carry out investigations of authorities including the military and the Presidential Security Service. Authorities cannot refuse or obstruct the collection of evidence necessary for investigation or trial, such as seizure, search or verification, under the National Intelligence Service Act and the Military Secrets Protection Act.
Following the lifting of the martial law decree and Yoon’s apology for causing chaos, the National Assembly filed impeachment motions against the president and other government officials including defense minister Kim Hyun, who has now resigned. Even though President Yoon survived the impeachment attempt, South Korea’s Corruption Investigation Office for High-Ranking Officials (CIO) issued a travel ban on President Yoon.
