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Prosecutors in South Korea have made a second request to extend the detention of impeached president Yoon Suk Yeol over a criminal investigation into his short-lived martial law declaration, after a court rejected their previous request.
Mr Yoon became the first sitting president of South Korea to be arrested after being charged with insurrection, a month after he stunned the world by imposing martial law, which was swiftly revoked by a parliamentary vote. He was impeached by the National Assembly over his short-lived martial law declaration on the night of 3 December and was suspended from office.
The Corruption Investigation Office for High-ranking Officials (CIO), which was investigating Mr Yoon, transferred the case to the prosecution on Thursday, since legally the agency cannot indict a president.
The prosecution team investigating the allegations against Mr Yoon filed a request with the Seoul Central District Court on Friday to extend the detention until 6 February. It was dismissed.
The court cited a lack of “substantial reasons” to continue the investigation under the authority of the prosecution, considering the case had already been investigated by the CIO, the country’s anti-corruption agency.
The prosecution argued: “In light of past cases in which prosecutors conducted supplementary investigations, including raids, over CIO-transferred cases, and regulations of the Criminal Procedure Act, prosecutors’ right to a supplementary probe is naturally recognised.”
Mr Yoon’s lawyers issued a statement on Friday welcoming the court’s decision, saying: “The Seoul Central District Prosecutors’ Office has no grounds to conduct a supplementary investigation following the CIO’s probe.”
“The Seoul Central District Court has made the right decision by clearly upholding the intent of the law,” the statement added
On Saturday, prosecutors made another request to extend the detention at the Seoul Central District Court.
The prosecution team is also preparing an indictment against Mr Yoon, in case the court denies their second request.
“We are reviewing all possible options as the outcome remains uncertain,” said a prosecution official, under condition of anonymity.
Mr Yoon’s ruling People Power Party (PPP) has, in response to the court’s dismissal, urged his immediate release.
“The court has essentially confirmed that the CIO’s investigation was flawed from the beginning,” said People Power Party (PPP) spokesperson Rep Shin Dong Uk.
Main opposition Democratic Party (DP) has called on the prosecution to ensure Mr Yoon is indicted within the designated period.
Mr Yoon is currently detained at the Seoul Detention Center in Uiwang, south of the capital, which he said was “a little uncomfortable” according to a statement by his lawyer on Friday. The statement said that Mr Yoon was, however, “doing well”.
Mr Yoon has exercised his right to remain silent throughout the CIO’s efforts to question him this week, declining to answer any questions.
“The president did not invoke his right to remain silent,” a CIO official was quoted as saying. “He simply refused to speak.”
Along with the criminal case against him, Mr Yoon faces a Constitutional Court trial that started this week to decide whether to permanently suspend his powers or return him to office.
