South Korea’s Corruption Investigation Office for High-ranking Officials (CIO) sent letters on Sunday to the Ministry of Defense and Presidential Security Service (PSS) warning that any soldier or security agent that obstructs the execution of the outstanding arrest warrant for impeached president Yoon Suk Yeol may be subject to criminal charges and civil charges, according to local media.
Criminal charges could include obstruction of special public affairs, obstruction of the execution of special public affairs, and the exercise of the right to abuse of authority. Any individual who obstructs the execution of the warrant could also be held liable for injuries or damage to property under civil law, loss of their job, and pension under the National Civil Servants Act.
The CIO only has the authority to question the president and must refer a case to prosecutors for formal criminal charges.
The execution of the first warrant for Yoon’s arrest was blocked on January 3 by the PSS, although the PSS chief has since resigned. A second warrant was issued on January 6 but has yet to be executed as protestors for and against the president amass in the streets of Seoul. Local media, Yonhap news agency, observed that over 1,000 police are being mobilized to execute the outstanding warrant, although the exact date of the execution remains unknown.
Yoon’s legal team has filed a complaint with the Constitutional Court seeking to invalidate the warrant. According to Reuters, Yoon claims the warrant is unconstitutional due to a lack of legal standing under the Criminal Procedure Act. A district court previously dismissed Yoon’s objection to his impeachment, deciding that the proceedings were valid.
Impeachment proceedings began on Tuesday in an attempt to remove Yoon from office for insurrection and abuse of power. Yonhap news agency quoted the president’s lawyer stating that the president would not attend the impeachment trial due to safety concerns related to an “illegal and invalid arrest warrant”.
While Yoon’s legal team is contesting the legitimacy of the arrest warrant issued concerning his attempted martial law declaration, the president stated that he will comply with a pending Constitutional Court ruling on the legitimacy of impeachment proceedings.