South Korea’s anti-corruption agency refers Yoon Suk Yeol to prosecution

South Korea’s anti-corruption agency on Thursday requested prosecutors to file charges against President Yoon Suk Yeol for insurrection and abuse of office following his brief declaration of martial law.

The Corruption Investigation Office for Senior Officials (CIO) stated that it would ask prosecutors to charge Yoon with allegedly leading an uprising, abusing his authority, and obstructing others from exercising their rights. Under the law, the CIO possesses only investigative powers and is required to transfer cases to prosecutors for legal action.

Yoon has been detained since last week as investigators scrutinize the martial law initiative announced on December 3, which was swiftly revoked by parliament within hours, shocking the nation.

Established in 2021, the CIO is an independent anti-corruption agency tasked with investigating high-ranking officials, including the president and his family members. It leads a joint team involving the police and defense ministry, while prosecutors conduct their own parallel investigations.

However, with limited investigative and prosecutorial authority, the CIO cannot prosecute the president directly and must refer any case to the prosecutor’s office for further action.

The CIO indicated that Yoon’s detention period is set to end around January 28 but expects prosecutors to request a court extension of an additional 10 days before formally charging him.

The Supreme Prosecutors’ Office declined to comment on the matter.

Since his arrest on January 15, Yoon has refused to communicate with CIO investigators and has ignored their summons.

Citing the president’s lack of cooperation, CIO Deputy Chief Lee Jae-seung stated that it would be more “efficient” for prosecutors to take over the investigation before charging Yoon.

“Although there are serious allegations that the suspect is the ringleader of an uprising, to date he remains uncooperative, does not respond to criminal proceedings, and refuses our questioning,” Lee said during a briefing.

A former senior prosecutor before becoming president, Yoon’s criminal case is now in the hands of prosecutors from the same professional sphere, though the extent of their current ties remains unclear.

Yoon’s legal team has repeatedly argued that the CIO lacks jurisdiction to investigate Yoon, as the law outlines a broad list of high-ranking officials and violations it can probe but does not explicitly mention insurrection.

They also contend that any criminal investigation should occur only after the Constitutional Court decides whether to remove Yoon from office in a separate impeachment hearing.

On Thursday, Yoon’s lawyers reiterated these positions, stating that they would hold the CIO accountable for what they described as an illegal investigation. They urged the prosecutors now handling the case to adhere to the law.