South Korean Prosecutor's Office transfers case against president to Anti-Corruption Unit

The South Korean Prosecutor's Office has decided to transfer the martial law case, initiated against President Yoon Suk Yeol, to the Anti-Corruption Investigation Unit for high-ranking officials.

Following the lifting of martial law, the police, the Anti-Corruption Investigation Unit, and the Prosecutor's Office began their investigations into the events of December 3-4, Caliber.Az reports per foreign media.

Concerns have been raised over potential competition among these agencies. According to the law governing the Anti-Corruption Investigation Unit, other investigative bodies are required to transfer a case to the Unit if its head requests it. The police and the Unit have both opened investigations on charges of mutiny and abuse of power.

On December 11, the Anti-Corruption Investigation Unit for High-Ranking Officials, the police, and the Defence Ministry of the Republic of Korea agreed to join forces in investigating the events surrounding the declaration of martial law, resulting in the formation of a unified investigative team. Meanwhile, the Prosecutor's Office effectively rejected the Unit’s initial request. On December 13, the Anti-Corruption Unit made a second request, with a response expected by December 18. 

On December 18, the Attorney General and the head of the Anti-Corruption Investigation Unit met to discuss the division of responsibilities. The police and the Anti-Corruption Unit are expected to handle the case involving President Yoon Suk Yeol and former Interior Minister Lee Sang-min, while the Prosecutor's Office, together with the Military Prosecutor's Office, will investigate the cases of former defence minister and other senior military officials. 

"The Prosecutor's Office has decided to transfer the cases involving suspects Yoon Suk Yeol and Lee Sang-min to the Anti-Corruption Investigation Unit. In turn, the Anti-Corruption Unit has decided to withdraw its request for the transfer of cases involving other suspects," said a joint statement from the two bodies.

The Prosecutor's Office decided to transfer the case to the Anti-Corruption Investigation Unit because Yoon Suk Yeol’s lawyers could later argue in court that the evidence collected by the Prosecutor's Office was obtained illegally, as the case had not been transferred to the Unit. 

Previously, the Anti-Corruption Investigation Unit had indicated that it could investigate the events surrounding the declaration of martial law, as the mutiny was linked to the abuse of power by a high-ranking official. The Unit stated that its authority to conduct the investigation was based on a legal norm of higher precedence than the grounds for the Prosecutor’s Office’s involvement.

By Naila Huseynova