South Korea prosecutors asked to indict Yoon for abuse of power

South Korea’s anti-corruption agency requested on Thursday that prosecutors indict President Yoon Suk Yeol for committing insurrection and abuse of power over his short-lived declaration of martial law after transferring his case to the prosecutors’ office.

The Corruption Investigation Office for High-ranking Officials (CIO) said it would ask prosecutors to indict Yoon over allegations he was the ringleader of an insurrection, for abuse of his authority and obstructing others from exercising their rights. Under the law, the CIO only has the the authority to investigate and must hand cases over to prosecutors for prosecution.

Yoon has been incarcerated since last week as the investigators examined his attempt to impose martial law on Dec. 3, a move that shocked the nation and beyond even though it was overturned within hours by parliament.

The CIO was launched in 2021 as an independent anti-graft agency to investigate high-ranking officials including the president and their family members and has led a joint team involving police and the defence ministry, while prosecutors carry out their own probe.

But with limited investigating and prosecuting rights, the CIO does not have authority to prosecute the president and must refer any case to the prosecutors’ office for further action.

The CIO has said Yoon’s detention is due to end around Jan. 28, but they expect prosecutors to ask the court to extend it for another 10 days before they formally charge Yoon.

The Supreme Prosecutors’ Office declined to comment.

Since his arrest on Jan. 15 – the first-ever for a sitting South Korean president – Yoon has refused to speak to CIO investigators and defied their summons.

Lee Jae-seung, deputy chief of the CIO, said it would be more “efficient” for the prosecutors to take over the investigation before indicting Yoon, citing the president’s refusal to cooperate.

“Despite the fact that the suspect is under serious allegations that he was ringleader of an insurrection, he continues to be uncooperative to this day, not responding to the criminal justice proceedings and refusing our questioning itself,” Lee told a briefing.

Yoon, a top prosecutor before becoming president, now finds his criminal case in the hands of prosecutors from that same world, though how close their current ties are is unclear.

Yoon’s lawyers have repeatedly said the CIO has no authority to handle his case as the law stipulates a wide-ranging list of high-ranking officials and violations it can investigate, but has no mention of insurrection.

They also said any criminal investigation should be conducted after the Constitutional Court decides whether to remove Yoon from office in its separate trial on his impeachment.

The lawyers reiterated the position on Thursday to say they will hold the CIO accountable for what they called its illegal investigation, while asking prosecutors taking over the case to comply with the law.