In response, the president's legal team strongly protested, calling the decision "illegal and invalid." As a result, the legal team decided to request an additional hearing on the powers of the Constitutional Court.
President Yoon's lawyer, Yoon Kap-geun, said on the 1st, "The judge in charge of the warrant at the Western District Court included Article 1 of the Criminal Procedure Act in the warrant.
"It is said that the application of Articles 10 and 111 are exceptions, but nowhere in the Criminal Procedure Code do judges have been given such powers," he argued.
Article 110 of the Criminal Procedure Law stipulates that places requesting military secrets cannot be seized or searched without the consent of the person in charge, and Article 111 states:
It is stipulated that items related to official secrets possessed or stored by public officials cannot be confiscated without the consent of the public office to which they belong or the supervisory public office. However, unless it is harmful to the important interests of the state, the responsible person may:
The Public Prosecutor's Office said that the search warrant for President Yoon, which was issued the previous day by Judge Lee Seung-Hyo of the Western District Court in charge of warrants, along with the arrest warrant, contained a criminal complaint.
The bill clearly states that it is an exception to the application of Articles 110 and 111 of the Korean Civil Litigation Act. The Public Prosecutor's Office requested a search warrant to locate President Yoon's exact whereabouts in order to execute the arrest warrant.
This appears to be a clear indication in the warrant to prevent the Presidential Security Service and other organizations from blocking searches on the grounds of military or official secrets as stipulated in the Criminal Procedure Act.
Yoon said the exceptions are "illegal and invalid, and are a very serious matter that undermines the credibility of the judiciary."
An investigation should be conducted immediately, and if this is true, the judge who issued the warrant should be immediately removed from his position and disciplined.
"Not only did they issue arrest warrants, but they also committed the illegal act of issuing seizure and search warrants (actually search warrants)," he added.
Meanwhile, President Yoon's side filed a powers dispute lawsuit against the judge in charge of the warrant at the Constitutional Court on the grounds that the issuance of the arrest warrant against the president violated his presidential powers.
was billed.
2025/01/02 05:09 KST
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