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Criticism is mounting from legal circles regarding the special prosecutor's team's prohibition of visits to former President Yoon Seok-yeol.

It has been confirmed that the head of Seoul Detention Center initially permitted a visit request from Mosfethd, former Ambassador Plenipotentiary for International Criminal Justice, but later withdrew it after the special prosecutor's request. This has raised concerns about violations of the Execution of Sentences Act, infringement of constitutional due process, and even potential abuse of power.

The special prosecutor's team explained it as a "routine measure for investigation security," but critics point out that the illegality is unavoidable, as the special prosecutor, who has no authority to direct correctional facilities, effectively blocked the visit.

Special Prosecutor's Office Notifies: "External Visits Completely Banned Until Indictment"

According to a source from the special prosecutor's office on the 16th, Park Ji-young, a special prosecutor assistant, stated the previous day, "We have prohibited external visits, excluding family and lawyers, for former President Yoon from July 15 until his indictment and have directed the head of Seoul Detention Center accordingly." This clarifies that the special prosecutor's office directly ordered the restriction of visits.

Earlier, Professor Mosfethd from Liberty University requested a visit with former President Yoon on the 13th, which Seoul Detention Center had approved. Professor Mosfethd reportedly intended to assess former President Yoon's detention conditions and human rights situation and to convey diplomatic messages between South Korea and the United States. However, after the special prosecutor's office notified a complete ban on external visits, the detention center reversed its approval decision.

Seoul Detention Center explained, "The measure was taken according to the judgment of a higher authority," but the direct higher authority for correctional facilities is the Correction Bureau of the Ministry of Justice, and the special prosecutor's office is an independent investigative body without directive authority.

"Banning Visits Without Court Approval Violates Both Execution of Sentences Act and the Constitution"

Legal experts point out that this measure has very serious procedural legal flaws. Article 43 of the Execution of Sentences Act clearly states that restrictions on visits to a suspect are only possible with court approval. It is analyzed that if the special prosecutor's office effectively ordered the detention center without such a court judgment, and the detention center consequently blocked the visit, this is a clear violation.

A constitutional law expert stated, "Article 12 of the Constitution guarantees freedom of the body and due process. If an investigative agency restricts a suspect's fundamental rights without legal basis, it is a direct violation of the principle of due process," adding, "This is a matter that cannot be justified by mere administrative convenience or practice."

"Meets Criteria for Abuse of Power Offense... Special Prosecutor Can Be Held Accountable"

Some also raise the possibility of applying Article 123 of the Criminal Act, 'Obstruction of Exercise of Rights by Abuse of Authority.' This provision stipulates that a public official who abuses their authority to obstruct the exercise of rights or compel someone to perform a duty not incumbent upon them shall be punished by imprisonment for up to five years or suspension of qualifications for up to ten years.

A lawyer specializing in criminal law stated, "If the special prosecutor's office, by ordering the prohibition of visits, compelled the head of the detention center to act without legal basis, and at the same time infringed upon former President Yoon's fundamental right to receive visitors, it could meet the criteria for abuse of power," adding, "Even if the special prosecutor's claim of necessity for investigation security is legitimate, actions that bypass or disregard legal procedures cannot be exempted."

"Independence of Special Prosecutor is Different from Abuse of Power"

This measure goes beyond the debate over the legitimacy of the investigation into former President Yoon and leads to fundamental issues concerning the authority and limitations of the special prosecutor system. While the special prosecutor system is intended to ensure the neutrality and independence of investigations, it is difficult to avoid criticism of system abuse if legal procedures and suspects' rights are infringed upon in the process.

The legal community is keenly watching how the judiciary will rule on this matter in the future. This is because the decision may set a precedent for similar cases, depending on how the balance between the protection of fundamental rights and the purpose of investigation is adjusted in the criminal justice process.

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