Yoon told special prosecutors he ordered allies informed of martial law because it was 'lawful'

By Choi Eui-jong, The Herald Business

The second comprehensive special prosecutor team led by Special Prosecutor Kwon Chang-young — handling allegations left unresolved after three earlier special counsel probes into insurrection, first lady Kim Keon Hee and the Marine corporal case — said former President Yoon Suk Yeol told investigators during questioning that he had directed officials to inform allied nations of the Dec. 3 emergency martial law declaration because he believed it was lawful.

The special prosecutor team disclosed the account at a briefing Sunday at its office in Gwacheon, Gyeonggi Province, saying it had questioned Yoon on June 6 on charges of abuse of power and obstruction of the exercise of rights. It was the first time the team had summoned Yoon as a suspect for questioning.

According to the team, Yoon is suspected of directing officials, primarily through the National Security Office, to deliver messages justifying the martial law declaration to allied countries following the Dec. 3, 2024, declaration. Deputy Special Prosecutor Kwon Yeong-bin said Yoon had been booked on abuse-of-power charges on the grounds that he used the National Security Office to compel civil servants to carry out duties they had no obligation to perform.

Investigators questioned Yoon from 10 a.m. to around 4:30 p.m. on June 6. He denied the charges. Kwon said Yoon responded to the characterization of the martial law declaration as unconstitutional and unlawful by saying he considered it lawful, and stated that his denial rested on the position that "the intent was to inform foreign countries because martial law was lawful — not to acknowledge any illegality or abuse of power."

Yoon is said to have argued during the morning session that, in principle, a person holding prosecutorial status should conduct suspect interrogations. Some outlets reported that Yoon had raised his voice during the session. His legal team rebuffed the reports, saying it was the special prosecutor's side, not Yoon, that had raised its voice.

The afternoon session was conducted by a judicial police officer with Kwon present, according to officials familiar with the matter. Kwon said Sunday that "voices were somewhat raised as both sides presented their positions, and that appears to be what became known as the shouting controversy." He added that the afternoon session proceeded without incident, that the shouting reports were inaccurate, and that Yoon had cooperated with the investigation and the questioning concluded smoothly.

The team is pressing ahead with its investigation into the alleged martial law justification messaging. It plans to question former National Security Office chief Shin Won-sik on Wednesday, conduct a second suspect interrogation of former National Intelligence Service First Deputy Director Hong Jang-won on Thursday, and summon former NIS Director Cho Tae-yong for questioning on Friday. Cho and Hong have been booked on charges of playing a key role in insurrection and violating the NIS Act.

The team also plans to indict former presidential chief of staff Kim Dae-gi and former presidential office administrative secretary Yoon Jae-soon before their detention period expires on Wednesday. Both are suspected of illegally diverting budget funds during the relocation of the presidential residence under the Yoon administration.

On Sunday, the team executed search and seizure warrants at the Ministry of Planning and Budget, the office of a former Ministry of Economy and Finance budget director and the office of a former presidential economic and financial secretary, seeking to establish whether the Ministry of Economy and Finance was complicit in the alleged illegal budget diversion. The move extended the scope of the probe — which had previously focused on presidential office officials and the Ministry of Interior and Safety — to the Ministry of Economy and Finance.

The team is also investigating allegations that a probe into the Unification Church was improperly suppressed, and has seized and is analyzing internal audit materials the Korean National Police Agency conducted at the end of last year. It recently carried out searches of the office of former National Police Agency Commissioner General Yun Hee-geun and others. The team plans to question former Gangwon Province Police Commissioner Kim Do-hyeong as a suspect on Monday.

In connection with allegations that an investigation into stock price manipulation involving first lady Kim Keon Hee and Deutsche Motors was improperly shelved, the team has questioned officials from the Supreme Prosecutors' Office as witnesses. Regarding allegations of preferential treatment in a route change for a Seoul-Yangpyeong expressway that allegedly benefited Kim's family, the team last week questioned officials from the Ministry of Land, Infrastructure and Transport and the Ministry of Planning and Budget as witnesses, and plans to continue questioning Land Ministry officials this week.