Former Prosecutor General Shim Woo-jung [Yonhap News file photo]

Former Prosecutor General Shim Woo-jung has been indicted on charges of participating in the December 3rd martial law insurrection and abuse of power regarding the waiver of an immediate appeal against the revocation of an arrest warrant.

The second comprehensive special counsel team, led by Kwon Chang-young, announced on the 20th that it had indicted former Prosecutor General Shim and Jeon Mu-gon, former head of the Supreme Prosecutors' Office Planning and Coordination Department (chief prosecutor), without detention on charges of engaging in important duties of insurrection and abuse of power by obstructing the exercise of rights.

Former Prosecutor General Shim is accused of reviewing the dispatch of prosecutors to the Martial Law Joint Investigation Headquarters under the instructions of former Minister of Justice Park Sung-jae, from the day the emergency martial law was declared on December 3, 2024, until the early hours of the following day.

He is also accused of being involved in discussing countermeasures for crimes falling under the jurisdiction of military courts immediately after the martial law declaration and participating in the drafting of a document titled "Jurisdiction for Trials under Emergency Martial Law."

Previously, the special counsel team secured documents such as "241203 Martial Law Investigation Team (Candidate)," "Procedural Arrangements," and "Jurisdiction for Trials under Emergency Martial Law" during a search and seizure of the Supreme Prosecutors' Office.

It was found that the documents outlined trial and investigative jurisdictions beneath the text of the emergency martial law proclamation.

The special counsel team explained that it also confirmed that various versions of lists of prosecutors had been drafted or reviewed.

The special counsel team added, "Former Prosecutor General Shim engaged in important duties of insurrection by ordering the review of a dedicated investigation team within the prosecution to handle those who violated the proclamation, and abused his authority by forcing prosecutors under the Supreme Prosecutors' Office to perform duties they were not obligated to do."

The charges also include abuse of power related to the waiver of an immediate appeal following the cancellation of the arrest of former President Yoon Suk Yeol.

Former President Yoon, who was arrested and indicted on charges including leading an insurrection, requested the court to cancel his arrest last March, claiming that the prosecution’s indictment had occurred after the expiration of his detention period, a request the court granted.

At the time, the investigation team suggested that they should immediately appeal the court's decision to cancel the arrest to seek a higher court's judgment, but former Prosecutor General Shim, after holding meetings with department heads of the Supreme Prosecutors' Office, directed that no immediate appeal be filed and ordered the release of former President Yoon.

The special counsel team concluded that former Prosecutor General Shim abused his command authority as Prosecutor General to release former President Yoon—for whom the grounds for arrest had not ceased to exist—and prevented the special investigation team prosecutors from exercising their right to an immediate appeal by blocking the application of valid current laws.

Former Prosecutor General Shim's side issued a statement that afternoon, refuting the charges by saying, "(The special counsel's indictment) misrepresents the list of the prosecution's special investigation team, formed to investigate the December 3rd insurrection, as a list for dispatch to the Martial Law Command, and mischaracterizes the normal consultation process regarding the court's decision to cancel the arrest as an abuse of power."

They emphasized, "This indictment by the special counsel, which ignores evidence and legal principles, amounts to an act of distorting the law," adding, "We will clearly prove the illegality and unfairness of the special counsel's indictment in court."

Former Head of the Supreme Prosecutors' Office Planning and Coordination Department Jeon Mu-gon [Yonhap News file photo]

Former Chief Prosecutor Jeon is accused of being involved in the drafting of documents regarding trial jurisdiction under martial law and the discussion of jurisdiction.

He assisted former Prosecutor General Shim while serving as the head of the Planning and Coordination Department at the Supreme Prosecutors' Office during the martial law period.

The special counsel team requested arrest warrants for both former Prosecutor General Shim and former Chief Prosecutor Jeon last month based on their findings, but the court dismissed the requests, stating that it was difficult to see them as risks for destroying evidence or fleeing.

The special counsel team stated, "We will do our utmost to prove the charges in future trial proceedings."