The second special counsel launched a compulsory investigation into allegations that former Prosecutor General Shim Woo-jung was involved in the declaration of martial law.
On the 23rd, the special counsel said, "In connection with suspect Shim Woo-jung's charges of performing important duties for insurrection and abuse of power, we are conducting a search and seizure at the Supreme Prosecutors' Office."
On the day martial law was declared, the former prosecutor general is suspected of reviewing the dispatch of prosecutors to the Martial Law Joint Investigation Headquarters at the direction of former Minister of Justice Park Sung-jae.
On the day martial law was declared, former Minister Park attended a Cabinet meeting at the presidential office and then returned to the Ministry of Justice to convene a senior staff meeting. Ten people, including bureau and office heads at the Ministry of Justice, attended the meeting, and allegations were raised that at this meeting former Minister Park directed the Criminal Affairs Bureau to review dispatching prosecutors to the Joint Investigation Headquarters.
It was found that on Dec. 3 last year, the day martial law was declared, from 11 p.m. to the early hours of the next day, former Minister Park had three phone calls with the former prosecutor general. This prompted allegations that former Minister Park also directed the former prosecutor general to dispatch prosecutors to the Joint Investigation Headquarters.
It was also found that the targets of the search and seizure that day included materials related to the so-called allegation that the former prosecutor general gave up an immediate appeal.
Former President Yoon Suk-yeol, who had been indicted and detained on charges including being a ringleader of insurrection, argued last year in March that prosecutors filed the indictment after the detention period expired and petitioned the court to cancel the detention, and the court granted it.
Within the investigation team at the time, some said they should immediately appeal the court's decision to cancel the detention and obtain a ruling from a higher court. However, after going through meetings of division chiefs at the Supreme Prosecutors' Office, the former prosecutor general did not file an immediate appeal, citing potential unconstitutionality, and ordered Yoon's release.
Earlier, the special counsel investigating the insurrection case summoned the former prosecutor general as an accused party for questioning in September last year. However, it did not dispose of the case before its mandate ended, and the case was then transferred to the police.
After analyzing the materials secured that day, the special counsel plans to summon the former prosecutor general to question the contents of the calls with former Minister Park at the time of martial law, the background of reviewing the dispatch of prosecutors to the Joint Investigation Headquarters, and the process of deciding to forgo an immediate appeal.