Court Dismisses Bench Warrant for Former Minister Park Sung-jae

The bench warrant requested by the insurrectionspecial counsel team for former Minister of Justice Park Sung-jae, on charges including parti...

The bench warrant requested by the insurrectionspecial counsel team for former Minister of Justice Park Sung-jae, on charges including participation in illegal emergency martial law, was dismissed by the court on the 15th. Following the dismissal of the bench warrant for former Prime Minister Han Duck-soo, the rejection of Park’s warrant has led to assessments that the special counsel team’s investigation into insurrection participation and complicity within the Yoon Suk-yeol government cabinet is faltering.

Presiding Judge Park Jeong-ho of the Seoul Central District Court’s warrant review division ruled around 1:35 a.m. that day, “There is insufficient demonstration of the necessity for detention or concerns about flight or evidence tampering,” dismissing the bench warrant for Park. Judge Park stated, “There is room for debate regarding how Park became aware of the illegality of the emergency martial law, the specific content of that illegality he recognized, and whether the measures he took were unlawful or to what extent.” He added, “Considering the current level of demonstration and the progress of the investigation, the principle of non-detention takes precedence over concerns about flight or evidence tampering.” This implies that the special counsel team’s investigation to date has not sufficiently substantiated Park’s criminal charges, and there is insufficient necessity for detention.

Park was summoned to the Yongsan Presidential Office approximately two hours before the December 3 emergency martial law declaration last year, where he was informed of the plan by former President Yoon. However, the court ruled it difficult to conclude that Park sufficiently recognized the illegality of the martial law, such as the blockade of the National Assembly, at that time. The court also viewed that measures taken by Park after the declaration—such as reviewing the dispatch of prosecutors to the joint investigation headquarters, checking detention center capacity, and placing Immigration and Customs Service staff on standby—could not be excluded as routine duties of a justice minister following a martial law declaration.

During the substantive review of Park’s bench warrant on the 14th, the special counsel team argued, “The measures ordered by Park were intended to detain violators of the martial decree in detention centers and prohibit key arrest targets, including politicians, from leaving the country.” In response, Park’s side countered, “Park did not issue improper instructions to Ministry of Justice departments during the martial law period. He merely handled follow-up tasks as a minister, unaware that the martial law declaration constituted an insurrection.” The court appears to have determined that the special counsel team failed to sufficiently substantiate its claims.

After the dismissal of Park’s bench warrant, the special counsel team indicated it would reapply for the warrant. A source from the team stated that day, “We find the court’s decision hard to accept. The special counsel team plans to promptly take measures to receive a reevaluation from the court.” However, legal circles interpreted, “The dismissal of warrants for former Prime Minister Han and former Minister Park is evidence that the special counsel team hastily requested warrants in an attempt to frame the previous government’s cabinet with an ‘insurrection narrative.’” A senior lawyer with judicial experience said, “Insurrection is a crime requiring intent, as it must involve the purpose of ‘disrupting the constitutional order.’ This means proving not just awareness of illegality but intent, making it a crime difficult to substantiate.”

Amid this, the insurrection special counsel team summoned former President Yoon for questioning that day regarding foreign exchange allegations. When the team attempted to execute an arrest warrant that morning, former President Yoon decided to appear voluntarily. In relation, Yoon’s side stated, “Around 7:30 a.m., correctional officers attempted to execute the warrant by surprise while former President Yoon had not even finished washing his face.” They added, “Given that the attempt to execute the arrest warrant occurred immediately after the dismissal of Park’s warrant, it appears political considerations by the special counsel team were at play.” The special counsel team explained, “We directed the execution of the arrest warrant at the Seoul Detention Center on the 2nd, but it was not carried out due to the Chuseok holiday. The detention center informed us they would execute the warrant that day,” emphasizing there was no connection to the dismissal of Park’s warrant.

Former President Yoon responded to the special counsel team’s investigation for the first time since being rearrested in July. The investigation lasted approximately 8 hours and 40 minutes, starting at 10:14 a.m. that day. While Yoon did not answer all individual questions from the special counsel team, he reportedly stated during the investigation, “My actions cannot constitute foreign exchange allegations.”

The special counsel team also summoned former National Intelligence Service Director Cho Tae-yong as a suspect that day. Cho is accused of dereliction of duty for failing to inform the National Assembly about the emergency martial law plan at the Presidential Office shortly before the December 3 declaration.