Special Prosecutor Cho Eun-seok attempts to forcibly summon Yoon Suk-yeol
A former president who is the subject of a forced investigation on charges of rebellion.
Former President Yoon Seok-yeol is being investigated by a special prosecutor on charges of insurrection and foreign exchange crimes. This case is related to a document reviewing the possible declaration of a national emergency in December 2024, and it is believed that the mobilization of military and administrative organizations threatened the constitutional order. In particular, the possibility of insurrection conspiracy and preparation is being focused on as a target for criminal punishment. Former President Yoon is currently detained at the Seoul detention center and has been identified as the main suspect by the special prosecutors' team led by Jo Eun-seok. He did not respond to two summons requests due to health reasons, prompting the special prosecutor to initiate compulsory appearance procedures on July 14 through an order from the detention center director. This incident illustrates that a former president has become a suspect for the violation of the constitutional order, representing a significant test of judicial order and public trust.
Overview of the Investigation: Review of Martial Law and Structure of Rebellion Charges
The investigation into former President Yoon Suk-yeol began with documents revealing a potential martial law examination disclosed at the end of 2024. These documents detail specific scenarios in which the declaration of martial law was simulated, following close discussions among the Presidential Transition Committee, the Ministry of National Defense, and the Blue House. The documents include military mobilization plans, communication and media control, and strategies for neutralizing the National Assembly. The special investigation team is intensively gathering evidence through witness interrogations and documentation to establish whether former President Yoon had knowledge of or command responsibility for this plan. Under current criminal law Article 87, the charges of conspiracy to commit rebellion can be applied, and criminal responsibility exists even at the attempt or planning stages. Former President Yoon has been identified not as a figure receiving indirect reports but as a central character making organizational judgments and decisions.
Refusal to summon twice and denial of justifiable reasons
Former President Yoon did not respond to two summons notifications on July 11 and 14, 2025. He submitted a notice of inability to attend citing health reasons, but the special investigation team concluded that there were no impediments to appearing in the investigation room after reviewing Yoon's health checkup records and medication prescription history. Medications similar to those provided at the Seoul Detention Center are being prescribed, and while there are symptoms of diabetes and high blood pressure, it has also been confirmed that outpatient treatment or hospitalization is not necessary. Therefore, the special investigation team determined that the notice of non-attendance lacked objective grounds.
Legal Basis and Practical Procedure for Compulsory Appearance
The special investigation team cites Article 69 of the Criminal Procedure Act and Supreme Court precedents as key grounds for deciding on compulsory summons. This provision states that it is essential to investigate detained suspects, and implies that their bodies can be physically compelled if they do not cooperate with the investigation. In 2013, the Supreme Court ruled that if a detained suspect refuses to be investigated, the chief of the detention center must forcibly compel them. This is a clear interpretation of criminal procedure, not a right of the suspect. While it remains uncertain whether former President Yoon will comply with the summons procedure, the special investigation team has stated that if refusal continues, they will prepare to file charges without a statement.
Legal Responsibility Evasion and the Effectiveness of Judicial Responses
The reaction to the investigation of former President Yoon contrasts sharply with his past assertions that investigations should be conducted according to law and principles. Criticism has arisen suggesting that he is evading criminal procedures based on his political influence, and the special prosecutor considers this a refusal to cooperate with the investigation. The legal team has requested a delay in the proceedings citing health issues, but the special prosecutor believes there is grounds to counter this. Ultimately, the refusal to cooperate in the investigation is becoming a process to affirm the constitutional principle that 'no one is above the law.'
Past Cases and Future Response Outlook
In the case of former President Lee Myung-bak, the special prosecutor can decide to prosecute without the suspect's statement, and this is currently an important reference in the ongoing investigation of former President Yoon. The special prosecutor is expanding investigations into relevant military generals, civilian advisory groups, and Blue House officials, and plans to secure information related to foreign exchange allegations and records of access to military communication systems. Although there are claims from conservative circles that this is political retaliation, among legal experts, the opinion that judicial action is necessary regarding the charges of insurrection is prevailing.
Conclusion: Compulsory arrest is the starting point of law enforcement without exceptions.
The coercive investigation measures against former President Yoon are the result of applying legal procedures regarding serious constitutional violation allegations related to insurrection. This measure is a response to specific reasons such as repeated failures to comply with summons, rather than a political context. Currently, the special prosecution is discussing whether to indict, and it is in the process of securing the legitimacy of judicial actions in accordance with the constitution and criminal law. This is expected to serve as a catalyst for Korean society to realize the rule of law and power control.
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