Insurrection Special Counsel: "Had Han Done His Duty, Martial Law Would Not Have Been Declared... Accountability Must Be Demanded"

"Those Around the Power Centers Profited Through Negligence and Cooperation... We Must Prevent a Recurrence of Tragedy"

"Respect the Court's Decision to Dismiss the Arrest Warrant, But Regrettable... Investigation Will Not Be Hindered"

Special Prosecutor Park Ji-young conducting a briefing. (Seoul=Yonhap News) Reporter Yoon Dong-jin = Special Prosecutor Park Ji-young for the insurrection investigation speaks at a briefing held at the Seoul High Prosecutors' Office in Seocho-gu on the 15th. 2025.7.15 mon@yna.co.kr

The special counsel team led by Cho Eun-seok investigating the insurrection stated on the 28th, regarding the court's dismissal of the arrest warrant for former Prime Minister Han Duck-soo the previous day, "From the perspective that such a historical tragedy must never occur again through the severity of the law, we find the decision regrettable."

Special Prosecutor Park Ji-young noted during the briefing that day, "We respect the court's decision regarding the special counsel's request for an arrest warrant," while providing the aforementioned statement.

Previously, Judge Jeong Jae-wook of the Seoul Central District Court, who is in charge of warrants, dismissed the warrant yesterday after conducting a pre-arrest suspect interrogation for the former Prime Minister, stating that "there is room for legal contention regarding the important facts and the legal assessment of the suspect's series of actions."

Judge Jeong further explained, "In light of the evidence secured to date, the progress of the investigation, and the suspect's current status, it is difficult to see a risk of evidence destruction beyond the scope of exercising the right to a defense." He also added, "Considering the suspect's career, age, residence and family relationships, his attendance during the investigation, and his attitude in statements, it is also difficult to see a risk of flight."

In response, Special Prosecutor Park pointed out, "Emergency martial law declared by those in power, such as the October Restoration or the 5.18 Gwangju Democratization Movement, was intended for the monopolization of power and the pursuit of power," adding, "Those in the periphery of power profited through negligence or cooperation that went beyond mere negligence."

He continued, "To ensure that history does not repeat itself, all citizens would agree that we must demand strict accountability from high-ranking officials who were in a position to prevent martial law."

The special counsel team applied the charge of aiding and abetting the ringleader of an insurrection, viewing that former Prime Minister Han, as the "No. 2 in government" and a key "state institution," failed to prevent and instead facilitated former President Yoon Suk-yeol's illegal declaration of martial law last year.

Special Prosecutor Park explained, "If former Prime Minister Han had done his best in his role, martial law would not have been declared," adding, "At the very least, he should not have engaged in acts of compliance, yet such aspects existed."

When asked if the team would consider applying different charges rather than aiding and abetting the insurrection ringleader, he replied, "Looking at the reasons for the warrant dismissal, I do not believe this is a matter of the charges themselves," adding, "The acts described as criminal facts were all acknowledged; it appears to be a matter of legal evaluation."

For instance, regarding former Prime Minister Han's recommendation to convene a cabinet meeting before the declaration of martial law, the special counsel team viewed it as an attempt to "provide a facade of legality," whereas the court evaluated that the possibility of other intentions could not be excluded.

Special Prosecutor Park explained, "The special counsel team based its legal evaluation solely on facts according to criminal law standards," adding, "Even if we request an arrest warrant again or proceed to indictment, the nature of the charges will not change significantly."

He also noted, "There is a need for interpretation regarding the court's view that 'there is no risk of evidence destruction beyond the scope of ensuring the right to a defense,'" questioning, "Is it implying that it is permissible to destroy evidence to exercise one's right to a defense? This is ambiguous."

Furthermore, Special Prosecutor Park emphasized, "Although the warrant for former Prime Minister Han was dismissed, the nature and aspects of the actions of those involved are all different, and the corresponding legal applications also vary," adding, "There will be no setbacks or obstacles in proceeding with the investigation."

When asked if they were considering indicting the former Prime Minister without detention without re-requesting a warrant, he responded with a principled answer: "Various possibilities are open," and "We will make a decision after reviewing the reasons for the dismissal and holding discussions."