Yoon accused of ordering presidential security to obstruct official duties as court set to rule on detention

A decision on whether to detain former President Yoon Suk Yeol again could be made as early as Wednesday.

Former President Yoon Suk Yeol leaves the Supreme Prosecutors' Office in southern Seoul on July 6 after being questioned by the special probe counsel. [NEWS1]

A decision on whether to detain former President Yoon Suk Yeol again could be made as early as Wednesday.

The Seoul Central District Court announced on Monday that it will hold a pretrial detention hearing for Yoon at 2:15 p.m. on Wednesday, presided over by Judge Nam Se-jin, who is assigned to review arrest warrants.

Yoon is expected to appear in person for the hearing and remain at the Seoul Detention Center or in a holding cell at the Seoul Central District Prosecutors’ Office until a decision is reached. The court is expected to decide late Wednesday night or early Thursday morning whether to issue the warrant. If the warrant is granted, it would mark Yoon’s return to detention approximately 120 days after his previous detention was called off in March.

The special probe counsel investigating the insurrection allegations filed for the warrant on Sunday, 18 days after beginning its probe. Yoon is accused of obstruction of special official duties, violating the Presidential Security Act, abuse of power and falsification of official documents.

According to the special counsel, Yoon is accused of using presidential security personnel to obstruct the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials in January. He is also suspected of instructing aides in December last year to delete secure phone records of key military commanders.

Further charges include falsification and the use of false documents, as well as violating the Presidential Records Management Act, related to a martial law proclamation drafted by Kang Eui-gu, a former secretary at the presidential office. Yoon is also accused of damaging official documents.

The Seoul Central District Court building in southern Seoul on July 7 [NEWS1]

Assistant special prosecutor Park Ji-young briefs reporters on July 2 at the Supreme Prosecutors' Office in southern Seoul. [YONHAP]

The warrant also includes allegations that Yoon convened a Cabinet meeting to discuss martial law by summoning only selected ministers, thereby impeding the right of others to participate in deliberations. He is additionally accused of instructing Ha Tae-won, then the presidential secretary for overseas public relations, to draft an official position paper justifying the declaration of emergency martial law.

Roughly 16 of the warrant application's 66 pages are reportedly dedicated to outlining the necessity of Yoon’s detention. The special counsel cited the seriousness of the crimes, the risk of recidivism and potential threats to victims and key witnesses.

They also pointed to Yoon’s repeated failure to respond to summonses and alleged use of presidential security agents to obstruct law enforcement, arguing that he may defy a guilty verdict. His denial of the charges was presented as a basis for concerns about evidence tampering. The report cited Yoon’s refusal to allow a raid on the defense minister’s official residence and his alleged directive to delete secure communications records on Dec. 7 last year.

Yoon’s defense team responded by calling the warrant request “an overreach” and said it would refute the charges in court. The team argued that the accusations were legally unfounded and lacked support from the evidence presented during the special counsel’s investigation.

“The special counsel presented no objective evidence,” the team said. "Testimony alone is insufficient to establish criminality.”

Former President Yoon Suk Yeol leaves the Supreme Prosecutors' Office in southern Seoul on July 6 after being questioned by the special probe counsel. [NEWS1]

The defense team reportedly held a strategy meeting Monday to prepare for the hearing. On Wednesday, attorneys Kim Hong-il, Bae Bo-yoon, Song Jin-ho, Chae Myeong-seong, Yoo Jeong-hwa and Kim Gye-ri are expected to represent Yoon in what is likely to be a heated courtroom battle.

The special counsel team also intends to intensify its investigation of Yoon’s alleged coconspirators.

It views former presidential secretary Kang, former Prime Minister Han Duck-soo, and former defense minister Kim Yong-hyun as accomplices in the falsification of official documents. The document in question was written by Kang on Dec. 5 last year and signed by Han and Kim.

Investigators are particularly focused on allegations that Han instructed Kang to destroy the document on Dec. 8, shortly after Kim was taken into emergency custody. That instruction is also being considered part of the conspiracy.

The special counsel questioned Kang on June 30 and Han on July 2 and is reportedly considering whether to seek arrest warrants for them as well.

A legal review is also expected regarding the Cabinet meeting held on Dec. 3, the day martial law was declared, and the ministers who were present.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff. BY SUK GYEONG-MIN [yoon.soyeon@joongang.co.kr]