Special Investigation into the Internal Disturbance by Jo Eun-seok, Prosecutors Targeting Yoon Seok-ryeol's Foreign Exchange Crimes that were Overlooked

Prologue: The Launch of the Special Prosecutor and the Challenges of the Investigation

On June 14, 2025, President Lee Jae-myung officially appointed former Board of Audit and Inspection Chairman Cho Eun-seok as the special prosecutor for investigating the facts surrounding insurrection and foreign exchange crimes. The special prosecutor has been tasked with investigating suspicions of insurrection against high-ranking officials, including former President Yoon Seok-youl, related to the attempted martial law on December 3, as well as the so-called "foreign exchange crime"—which involves allegations of inciting armed conflict through collusion with foreign forces. This is being assessed as a historical investigation into a serious issue that threatens constitutional order and national security, rather than a mere political vendetta or governmental conflict. The special prosecutor has been granted a preparation period of 20 days, an investigation period of 90 days, and an extension of up to 30 days if necessary, allowing for a maximum authority period of 170 days to delve into areas where existing prosecutorial investigations have been insufficient, thus providing a legal and political foundation for thorough inquiry.

Formation of investigation team and securing office

The special prosecutor's team began assembling a large-scale investigative workforce immediately upon its launch. This investigation team, organized with a total of 276 members, including 6 special prosecutors and 60 prosecutors, as well as military and intelligence analysis experts, and investigators, is the largest in the history of special prosecutors. Considering the likelihood of handling sensitive military secrets, they are currently reviewing facilities such as the prosecution offices and police buildings in the Seoul and Gwacheon areas as potential office sites. In particular, documents related to drone operations and martial law declaration plans all fall under military materials classified above level 2 security, making separate management essential. Additionally, for security reasons, special investigators with the authority to access existing records from the Blue House or military bases are also being assembled. This provides empirical means to assess not only simple document collection but also the execution of actual operational plans.

Internal strife and external exchange, simultaneous investigations

The special prosecutor Jo Eun-seok has determined that this incident is not merely a disruption of constitutional order or an attempt at a political coup. Along with the charges of insurrection, attention is being drawn to the allegations that some members of the military high command and senior officials in the presidential office had premeditated actions to provoke military provocations from North Korea. This crime, classified as 'foreign currency crime,' includes serious suspicions that they effectively provoked foreign forces (North Korea) to instigate a full-scale military conflict and attempted to use that as a pretext to declare martial law. The focal point of the investigation is the drone operation plan. The special prosecutor has secured evidence suggesting an intent to send drones over Pyongyang to provoke a counterattack from North Korea and use it as justification for martial law. It is reported that during certain meetings of the military and the Blue House at the time, statements were made that “if a conflict occurs, the public can easily accept the effectiveness of martial law.”

Reinforcement of personnel and evidence collection

The special prosecutor's office, ahead of the official start of the investigation, has formally requested 42 prosecutors and 31 police investigators from the Ministry of Justice and the National Police Agency. This request goes beyond mere personnel reinforcement it is a measure to quickly secure and analyze data that the existing prosecution has been unable to obtain—such as internal military reports, drone operation records, and presidential situation reports. The investigation team has already begun legal action, including the additional indictment of former Defense Minister Kim Yong-hyun, against practical officials who could face charges of insurrection. The special prosecutor's office stated, 'We are focusing on aspects that suggest the military's operational plans may extend beyond mere military preparedness to a political project connected to a presidential agency.'

Key Issues of Foreign Exchange Crime

Foreign exchange crimes are not merely actions involving collusion with foreign forces, but rather the key issue is whether such collusion was intended to have catastrophic consequences for national security. The legal and academic communities view that 'if there were actions aimed at provoking a conflict with North Korea, foreign exchange crimes could be established.' In the current investigation, the core of proving foreign exchange crimes lies in the 'evidence of attempts to create chaos by provoking actions, and using this as a pretext to implement martial law and an emergency system.' The special prosecutor is determining whether this plan was merely a simulation within the military or if it progressed to actual operational stages, and is in the process of securing necessary military communication records and operational guidelines.

Investigation Speed and Internal Strategy

The special prosecutor, right after taking office, stated that he would investigate with a 'mindset of writing the original records' and showed a strong determination to conduct a thorough investigation. He indicated that he would independently uncover the truth while referencing the results of investigations by the prosecution and police. So far, all six special prosecutor assistants have been appointed, and a specialized investigative line divided by military, diplomatic, and intelligence fields is expected to be officially activated soon. The internal strategy focuses on a three-step framework of 'martial law → provocation inducement → attempt execution' to combine testimonies and physical evidence to establish substantial truth.

Conclusion: Sentencing of the Forex Chief

It seems that the trials of key figures who may be prosecuted for foreign exchange crimes will begin depending on the results of the future special investigation. Under current law, foreign exchange offenses are classified as one of the most serious treason crimes that can be punishable by death, life imprisonment, or imprisonment for more than ten years. In particular, if it is proven that actions inducing military responses from an enemy country occurred during peacetime, the responsible parties will inevitably face maximum penalties. The court is likely to consider actions that 'utilize the safety of the public as a means of wartime strategy' as the most serious constitutional violation, and accordingly, legal experts predict that those at the helm of foreign exchange crimes will receive sentences of over 20 years of imprisonment or life sentences.