The Criminal Division of the Seoul Western District Court has rejected former President Yoon Suk Yeol’s objection to the execution of an arrest warrant and search warrant issued against him. Yoon’s legal team argued that these warrants were “illegal,” citing Article 417 of the Criminal Procedure Act, which allows for a petition to alter or cancel such dispositions under certain circumstances. Additionally, they claimed that the criminal laws prohibiting warrant execution in restricted military and security areas should have applied to Yoon’s case.
Yoon’s objection follows an attempt by the Corruption Investigation for High-ranking Officials to implement the arrest and search warrants on Friday. This effort was stalled by the Presidential Security Service during a six-hour standoff (JURIST).
As legal and political experts dissect the case, the precise grounds for the court’s decision remain undisclosed. However, there is speculation that it relates to Articles 110 and 111 of the Criminal Procedure Act, which restrict warrant execution in sensitive areas without specific permission (YTN).
Furthermore, an official inquiry for cooperation was reportedly sent by the Senior Civil Servant Corruption Investigations Unit to the acting president, Choi Sang-mok, but has yet to receive a response. The security protocols surrounding the ex-president are governed by Article 3 of the Presidential Security Act and Article 11 of the Government Organization Act.
The timeline for enforcement is tight as the deadline for executing these warrants is set to expire by midnight on January 6. With the Presidential Security Service’s ongoing opposition, experts suggest that Yoon’s legal team may pursue a re-appeal to the Supreme Court once the court’s reasoning is formally issued.
The arrest warrant was originally issued on December 31, following allegations of insurrection and abuse of power linked to a brief declaration of martial law on December 3, which was quickly annulled by the National Assembly (JURIST).