A court rejected an arrest warrant for former Prosecutor General Shim Woo-jung, who is suspected of participating in an insurrection during the Dec. 3 martial law and failing to immediately appeal a decision canceling former President Yoon Suk-yeol's detention. Former Supreme Prosecutors' Office Director General Jeon Mu-gon, for whom a warrant was also sought, also avoided arrest, putting a brake on the comprehensive special counsel's plan to detain key suspects as the investigation deadline nears.
Presiding Judge Boodong-sik, who handles warrants at the Seoul Central District Court, denied the warrant on the 16th after holding a pre-arrest interrogation of the former prosecutor general.
The court said of the former prosecutor general, "In light of the suspect's claims and the evidence collected, concerns about destruction of evidence have not been sufficiently substantiated," adding, "Considering the circumstances of a case in which investigation and trial are underway, it is also hard to see a risk of flight."
For the former Director General as well, the court did not grant the arrest warrant, saying that, based on the suspect's claims, the progress of the investigation, and the evidence secured, there is little likelihood of destroying evidence or fleeing.
The second comprehensive special counsel team led by Kwon Chang-young sought an arrest warrant for the former prosecutor general on the 14th, applying charges of engaging in important duties related to insurrection and abuse of authority to obstruct the exercise of rights.
The former prosecutor general is suspected of, on Dec. 3, 2024, when former President Yoon declared martial law, reviewing a plan, at the direction of former Minister of Justice Park Sung-jae, to dispatch prosecutors to the joint martial law investigation headquarters.
On the day martial law was declared, the former Minister attended a Cabinet meeting, then returned to the Ministry of Justice and held a meeting attended by 10 senior officials, including bureau directors. At that meeting, he was alleged to have instructed the Prosecutors' Bureau to review dispatching prosecutors to the joint investigation headquarters.
It was determined that on the same day, from 11 p.m. until early the next day, the former Minister and the former prosecutor general spoke by phone three times. The special counsel has suspected that during this process, the former Minister may also have instructed the former prosecutor general to dispatch prosecutors.
The former prosecutor general is also suspected of discussing response measures for crimes under Court-martial jurisdiction immediately after the declaration of martial law and of involvement in drafting a document on "trial jurisdiction under martial law."
During a search and seizure at the Supreme Prosecutors' Office, the special counsel secured the document, which, along with the martial law proclamation, organized trial and investigative jurisdiction. Testimony was also reportedly obtained in questioning of Supreme Prosecutors' Office officials to the effect that, if martial law were actually enforced, they discussed how to respond to crimes under Court-martial jurisdiction.
The arrest warrant also included the abuse of authority charge related to the failure to immediately appeal the decision canceling former President Yoon's detention.
Former President Yoon, who was indicted and detained on charges including being a ringleader of an insurrection, filed for cancellation of his detention in March last year, arguing that prosecutors indicted him after the detention period expired, and the court accepted it.
Within the investigation team at the time, some argued that they should immediately appeal the detention cancellation to obtain a ruling from a higher court, but the former prosecutor general, after going through meetings of Director Generals at the Supreme Prosecutors' Office, did not immediately appeal and directed that the former president be released.
At the warrant hearing, the former prosecutor general reportedly denied the allegations, saying the review of dispatching prosecutors was a principled response to the declaration of martial law and did not constitute participation in an insurrection, and that the decision not to immediately appeal was a judgment made after legal review.
The former Director General also reportedly said it was an overextension of the law to view the act of reviewing trial jurisdiction under martial law as participation in an insurrection.
With the court rejecting both arrest warrants, setbacks are expected in the special counsel's last-minute efforts to secure suspects. Following the rejection of warrants for former Army Ground Operations Commanding General Kang Ho-pil on the 14th and former presidential office public service discipline secretary Lee Si-won on the 15th, warrants for key suspects have been rejected for three straight days.
The comprehensive special counsel team, launched in February, sought arrest warrants for 18 people, including the former prosecutor general and the former Director General, but only six were detained.
The special counsel pursued a so-called "heavy tail" strategy of concentrating arrest warrant requests and indictments in the latter phase of the probe, but is being assessed as having produced few clear results, except in the case of former first deputy director of the Office of National Security Kim Tae-hyo.
The special counsel's investigation period ends on the 24th. The team has asked the National Assembly to revise the special counsel act to allow a third extension of the period, but some note that the grounds for an extension have weakened due to the successive rejection of warrants.