Unlisted sealed records of ex-President Yoon spark dispute

Yoon Suk Yeol looks on during a hearing of his criminal insurrection trial at the Seoul Central District Court on May 21. (Lee Sang-sub/The Korea Herald)

After President Lee Jae-myung criticized his predecessor for a lack of transition instructions for the incoming administration, it was revealed Thursday that 218,000 records from Yoon Suk Yeol's presidency have been sealed for 15 years without an inventory list.

According to the Presidential Archives under the Ministry of the Interior and Safety, this accounts for 1.6 percent of the Yoon administration's state-designated records. Such protected records cannot be accessed for up to 15 years due to a potential threat to national security or economic stability.

Sealing the presidential records is justified under the Act on Management of Presidential Archives, but the lack of listing has been subject to criticism. The ruling Democratic Party of Korea on Thursday accused Yoon of failing to carry out a proper transition to his successor.

The sealed presidential records could be revealed under consent from two-thirds of the National Assembly, or with a warrant issued by the head of a high court. But without a list, it would be difficult to pinpoint which records should be revealed.

Not having the list of sealed records could hinder the ongoing investigations and trials connected with Yoon. The former president, then-Defense Minister Kim Yong-hyun and other high-ranking military and police officials are on trial for their part in the alleged insurrection and abuse of power related to the Dec. 3 declaration of martial law, which led to Yoon's impeachment and eventual expulsion in April.

Another potential issue is the probe related to the military's 2023 investigation into the death of a Marine, which Yoon has been accused of interfering with.

Revealing the list of presidential state-designated records is a legally grey issue as it is not specified in the law. But Article 8 of the Official Information Disclosure Act says public institutions shall prepare and keep a list of information they possess and manage.