Justice Ministry slaps travel ban on President Yoon as martial law probe expands

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Justice Ministry slaps travel ban on President Yoon as martial law probe expands

Published: 09 Dec. 2024, 15:47 Updated: 09 Dec. 2024, 19:26

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

President Yoon Suk Yeol makes a public apology in a televised address from the Yongsan presidential office in Seoul on Saturday. [PRESIDENTIAL OFFICE]

The Ministry of Justice on Monday imposed a travel ban on President Yoon Suk Yeol as investigations into his alleged treason and abuse of power — tied to his short-lived declaration of martial law — intensified.

This marks the first time in Korean history that an incumbent president has been placed under a travel ban.

The Justice Ministry approved the travel restriction following a request from the Corruption Investigation Office for High-ranking Officials (CIO) the same day, implemented shortly after its chief Oh Dong-woon said during a parliamentary committee meeting that he had directed investigators to seek the restriction.

The CIO said it had submitted the request to the Justice Ministry at 3 p.m. Monday.

Under the Immigration Act, the justice minister can prohibit a Korean national from leaving the country for up to six months if their departure is deemed likely to “harm the national interest, public security or economic order.”

The ministry’s approval reportedly came in response to requests from multiple investigative agencies, including the CIO. However, it declined to disclose details about other agencies that might have made similar requests.

When asked during the meeting about a potential travel ban for first lady Kim Keon Hee, the CIO chief said his office would “review” the matter.

The president has remained out of the public eye since issuing a televised two-minute public apology on Saturday, just hours before the National Assembly failed to vote on his impeachment motion due to a lack of a quorum.

On Monday, Yoon canceled his weekly meeting with Prime Minister Han Duck-soo and a scheduled meeting with his senior secretaries, leaving him with no official activities.

Meanwhile, investigations into the martial law declaration are gaining momentum. The National Office of Investigation (NOI) at the National Police Agency said Monday that 11 individuals, including Yoon and former Interior and Safety Minister Lee Sang-min, have been identified as suspects in its martial law probe.

Prosecutors also formally opened a case against Yoon on Sunday, charging him with treason and abuse of power.

Under the Constitution, treason charges are exempt from presidential immunity, allowing criminal investigations and potential prosecution.

Corruption Investigation Office for High-ranking Officials Chief Oh Dong-woon, far left, Justice Minister Park Sung-jae, center, and National Court Administration Minsiter Chun Dae-yup attend a legislation and judiciary meeting at the National Assembly in Yeouido, western Seoul, on Monday. [NEWS1]

“There are no human or physical restrictions on the subjects of this investigation,” said Woo Jong-soo, chief of the NOI, during a press briefing Monday morning, adding that the probe would proceed “in accordance with the law and principles.”

The NOI noted that Yoon could face emergency arrest if deemed eligible, though a legal review is required to determine whether he qualifies for the measures.

Emergency travel bans have been imposed on key figures, including former Defense Minister Kim Yong-hyun, former Interior Minister Lee Sang-min, former Counterintelligence Command Commander Lt. Gen. Yeo In-hyung and Army Chief of Staff Gen. Park An-su, who was named martial law commander during the six-hour declaration.

Emergency travel bans, similar to emergency arrests, are placed in urgent cases involving serious charges punishable by death, life imprisonment or at least three years in prison, particularly when suspects are considered flight risks or likely to tamper with evidence.

Former Counterintelligence Command Commander Lt. Gen. Yeo In-hyung attends an intelligence committee meeting at the National Assembly in Yeouido, western Seoul, on Saturday. [YONHAP]

On the same day, the police requested the former Counterintelligence Command commander and the former interior minister to be summoned for questioning.

The NOI’s special investigation team is also considering travel bans for National Police Agency Commissioner Cho Ji-ho and Seoul Police Chief Kim Bong-sik, who have been named as suspects. Police said that the suspects' phones have been seized and are undergoing digital forensic analysis.

Addressing concerns about investigating senior officials, police said that the commissioners lack direct authority over individual cases and that they do not report on the results of ongoing investigations, emphasizing that they are “strictly undergoing the investigation,” with search and seizure warrants issued promptly.

On the same day, prosecutors, alongside military investigators, raided the Defense Counterintelligence Command in Gwacheon, Gyeonggi, seizing documents related to the martial law declaration.

The raid followed a similar operation on Sunday at the residence and office of former Defense Minister Kim, where the ex-defense minister's phone and laptop were confiscated. Kim has remained in custody since voluntarily attending questioning early Sunday and was summoned for a third round of interrogation on Monday. The prosecutors are expected to seek an arrest warrant within 48 hours of his emergency detention.

Defense Ministry spokesperson Jeon Ha-kyu speaks during a regular press briefing at the ministry in Yongsan District, central Seoul, on Thursday. [YONHAP]

The prosecution said the same day it summoned Defense Ministry spokesperson Jeon Ha-kyu as a witness for questioning on Sunday, as he is believed to have visited the Joint Chiefs of Staff command where the martial law command was set up, following the declaration late Tuesday evening.

As police and prosecutors pursue parallel investigations into those allegedly involved in the martial law controversy, the CIO said Monday that it is considering “all possible legal actions” regarding Yoon’s potential detention on treason charges.

The CIO also reiterated its request for police and prosecutors to transfer their investigations to its jurisdiction, citing concerns over fairness.

“Under Article 24 of the Establishment and Operation of the Corruption Investigation Office for High-ranking Officials Act, the CIO can request other investigative agencies to transfer cases when fairness is in question and those agencies are obligated to comply,” a CIO official said during a briefing.

The official noted that courts have repeatedly rejected the CIO’s warrants due to overlapping investigations with other agencies.

Woo Jong-soo, chief of the National Office of Investigation, speaks at a press briefing about the investigation into the martial law declaration at the National Police Agency in Seodaemun District, western Seoul, on Monday. [NEWS1]

Chun Dae-yup, the minister of the National Court Administration, criticized the ongoing jurisdictional disputes between investigative agencies, calling the situation “abnormal.”

He noted that the police have explicit jurisdiction to investigate treason charges under the 2021 adjustment of investigative authorities.

However, the prosecution and the CIO, which are probing related abuse of power allegations, argue that they also have jurisdiction due to the charges' connection to the treason investigation.

“The issue extends beyond the investigation stage to the prosecution process and admissibility of evidence, which makes it an extremely important issue for the judiciary,” Chun said during a legislation and judiciary committee meeting at the National Assembly, adding that the judges overseeing criminal trials are paying careful attention to the development of the martial law probe.

Update Dec. 9: Added new details and updates throughout the story

BY CHO JUNG-WOO [[email protected]]