The background of Yoon Seok-yeol's rapid prosecution and the strategy of special prosecutor Jo Eun-seok

Background of former President Yoon Seok-yeol's indictment

On July 19, 2025, former President Yoon Suk-yeol was indicted just nine days after being detained. This occurred two days before the maximum detention period of 20 days as stipulated by the Criminal Procedure Act. Special prosecutor Jo Eun-seok's team decided to proceed with the indictment in advance to avoid controversy surrounding the calculation of the detention period. The court had previously ruled that the detention duration should be calculated in hour units rather than day units, thereby eliminating potential points of contention for future trials. Former President Yoon did not respond to the special prosecutor's investigation due to health issues, and while the special prosecutor attempted to conduct a forced investigation, the detention center did not cooperate with physical transfer, preventing the investigation from taking place. Considering this, the Jo Eun-seok special investigation team chose to file charges based on collected evidence and testimonies instead of conducting a direct investigation.

The investigation operation of Special Prosecutor Jo Eun-seok

Special Prosecutor Cho Eun-seok swiftly pushed for the securing of key suspects and indictment procedures immediately after the investigation began. Within a week of his appointment, he added former Defense Minister Kim Yong-hyun to the indictment, and at the same time, filed a warrant for the arrest of former President Yoon with the court. This was a measure to expedite judicial procedures against key figures in the early stages of the investigation to minimize the possibilities of evasion of inquiry and destruction of evidence. The investigation team consisted of 42 prosecutors and 31 investigators, and Special Prosecutor Cho conducted various indirect investigative techniques, including securing written statements, analyzing communication records, and tracing draft documents, in addition to summoning suspects for questioning. Additionally, the indirect pressure techniques and parallel summoning strategies that were utilized during his time in the prosecution were reflected in this special investigation.

Composition of the indictment and scope of prosecution

The indictment includes a total of five charges. The main charges are conspiracy to commit insurrection and obstruction of the exercise of rights. Specifically, it mentions that only certain individuals from the Cabinet were convened, thereby reducing the review process related to the martial law, the creation and destruction of forged martial law documents, refusal to execute arrest warrants, and instructions to delete records from the Blue House communication network. Charges related to foreign exchange have been excluded as the investigation and evidence collection on that matter have not yet been completed. Special Prosecutor Jo Eun-seok stated that he would consider separate charges after the related investigation is concluded. This indictment appears to focus only on the insurrection-related portions for now.

Possibility of merger with the trial

This indictment has been assigned to the same court's criminal division as the previously indicted martial law document case. Therefore, the court will decide whether to consolidate the cases, and if there are no significant procedural conflicts, there is a high possibility that a consolidation hearing will take place. The existing trial has already gone through several pretrial preparation dates and has started the main trial. If the merger of trials is decided, the facts related to the crimes of the same defendants can be examined at once, which will clarify the relationship between the proof of the facts and the charges. Special Prosecutor Cho's team has carefully coordinated the structure of the indictment and the timing of its submission to ensure that this indictment does not affect the consolidation process.

Investigation and Progress on Foreign Exchange Allegations

The foreign exchange-related investigation is currently ongoing, with the special investigation team examining whether there were false reports of military operation confidential documents, exaggeration or manipulation regarding North Korean threats, and violations or changes of operational orders. The main targets of the investigation are senior officials from the Drone Operations Command and the Ministry of Defense at that time, with former Drone Commander Kim Yong-dae being summoned. In relation to this, the special investigation team has conducted searches on 24 military-related institutions, securing original documents, traces of personnel drafts, communication records, and more. If additional objective materials are secured to prove the foreign exchange allegations, there may be changes to the indictment or further prosecution procedures against former President Yoon.

Expansion of Investigation into Accomplices

An investigation is underway into individuals accused of allegations related to the reduction of government meeting procedures concerning martial law plans. Former Prime Minister Han Duck-soo, former Minister of the Interior and Safety Lee Sang-min, former Minister of Justice Park Sung-jae, and former Minister of Foreign Affairs Cho Tae-yul are among those targeted. The special prosecutor is currently collecting information regarding their attendance at meetings, document review and approval facts, and records of statements related to meeting minutes. The investigation into accomplices will be conducted separately from the initial indictment, and if they are indicted for charges of conspiracy to commit rebellion or aiding abuse of power, another consolidation procedure may be necessary. The special prosecutor has stated that they are simultaneously securing testimonies and physical evidence, and if there are conflicting statements from related individuals, they are also considering direct interrogations or additional searches.

Court proceedings structure and future procedures

After the indictment, the trial is expected to commence in earnest depending on whether it merges with existing trials. Former President Yoon refused to cooperate during the investigation phase, which may limit the way his rights to defense can be exercised during the questioning of the defendant. The special prosecutor is considering the possibility of utilizing this as a factor in sentencing judgments in court. The trial is scheduled to continue 3 to 4 times a month at the Seoul Central District Court's Criminal Division 25, following the existing trial schedule. The court will conduct hearings focused on the cross-examination of documents and testimonial evidence that can prove the substance of the charges of insurrection and abuse of power. The special prosecutor has left room for reconsideration of the merging process with existing trials even after the indictment on foreign exchange charges or changes to the charges.

Upcoming Schedule and Investigation Plan

The future investigation schedule is planned to be divided into three main stages. The first stage is to determine whether to file additional charges after completing the investigation into foreign exchange allegations. The second stage involves preparing to initiate judicial procedures against co-conspirators related to the martial law plan, while the third stage focuses on confirming whether to merge with existing trials and preparing for the court proceedings. Special Prosecutor Cho Eun-seok stated that he aims to complete the investigation into foreign exchange allegations and make a final judgment on co-conspirators before the deadline for the investigation, which is November 2025. The trial following the charges is expected to take place in the first half of 2026, with specific schedules to be adjusted according to the court's timetable and whether a merger occurs.