"If you lock the door, you'll get in the way of official duties".Exceptions to the Criminal Procedure Act on warrants

2025.01.01. PM 6:58
Font size settings
Print Suggest Translation Improvements
[Anchor]
Ahead of the execution of the arrest warrant for Yoon Suk Yeol's president, the high-ranking government official's crime investigation office warned the presidential security office that it would interfere with the execution of public affairs even if the door was locked.

In addition, the defense logic of the security service seems to have lost its cause as the court stipulates in the warrant that the search cannot be prevented for military or official reasons.

I'm a reporter for the department head.

[Reporter]
Shortly after President Yoon Suk Yeol's arrest warrant was issued, the Presidential Security Service issued a short statement saying security measures would be taken in accordance with due process.

As concerns were raised that the security service could block access to the official residence based on the provisions of the Security Act, which states, "If there is an unavoidable reason for security purposes, access can be controlled."
The investigation authorities have repeatedly issued warnings, even sending an official letter to the security service.

[Dongwoon Oh / Senior Civil Servant Crime Investigation Director: We have already sent an official letter (to the police). It warned us that we could be convicted of obstructing the exercise of rights to abuse our authority and obstructing the execution of special public affairs.]

He emphasized that he would actively respond by considering the act of locking the door of the official residence itself as an obstruction of the execution of public affairs, but it seems that he has even opened a plan to arrest the current criminal.

[Dongwoon Oh / Senior Civil Servant Crime Investigation Director: Locking barricades, the iron doors, and refusing to comply with our arrest warrant itself is a hindrance to the execution of official duties]

However, even at the risk of punishment, the possibility that the security agency will block the search for the official residence cannot be ruled out.

Just like the president's earlier refusal to search and seizure, the search inside the official residence can be prevented based on the Criminal Procedure Act's provisions that "places requiring military and official secrets can restrict searches."

However, as the court issued the warrant, the security service's defense logic itself lost power, stating that the application of the clause was exceptional.

This phrase is hard to find in the warrant because it is rarely executed in military security facilities in the first place.

In response, President Yoon protested that the Criminal Procedure Act does not give judges such authority, and that the warrant judges should be disciplined.

I'm the manager of YTN.

Edit Video;Choi Yeon-ho
design;Kim Jin-ho


※ 'Your report becomes news'
[Kakao Talk] YTN Search and Add Channel
[Phone] 02-398-8585
[Mail] social@ytn.co.kr


[Copyright holder (c) YTN Unauthorized reproduction, redistribution and use of AI data prohibited]