Yoon's imposition of martial law does not constitute treason, says his lawyer

President Yoon Suk Yeol bows while giving a public address from his residence in Yongsan District, Seoul, shortly after the National Assembly passed an impeachment motion against him, Saturday. Courtesy of presidential office Competition among investigative bodies feared to slow down probe By Lee Hyo-jin President Yoon Suk Yeol's legal team will respond to the ongoing criminal investigation into his declaration of martial law, asserting that his actions do not constitute treason, according to Yoon's lawyer, Tuesday. "From a legal standpoint, there is no consideration of treason charges.

But we will respond to the investigation," Seok Dong-hyeon, a lawyer on the team, told reporters. "The elements necessary for the crime of treason are not met." Seok claimed that Yoon’s martial law order was not aimed at initiating a rebellion or seizing power, adding that the defense team would focus on scrutinizing the refusal of opposition parties to cooperate with the government, which he said could be viewed as constitutional violations.



The lawyer also said that separate defense teams will be formed for Yoon's criminal investigation and the impeachment trial at the Constitutional Court. However, the lawyer declined to clarify whether Yoon will appear for questioning in response to a summons from prosecutors scheduled for Saturday. "We will make a statement within a few days after we review the matter," he said.

Yoon, who was impeached by the National Assembly last Saturday for his short-lived imposition of martial law on Dec. 3, has not been cooperating with the ongoing investigation into treason charges related to his brief military emergency rule. He has remained resolute that his martial law declaration — which only lasted for six hours due to parliamentary pushback — was a lawful and necessary action in his capacity as president.

Suspended from his duties, the embattled president is now facing a lengthy legal battle. The Constitutional Court is set to begin impeachment trials later this month, while law enforcement authorities are speeding up investigations into Yoon on charges of treason and abuse of power. The president, who vowed to "fight until the end," has begun to form his legal team consisting of high-profile retired prosecutors.

The team will be led by Kim Hong-il, former chairman of the Korea Communications Commission, and a former chief prosecutor of the Busan High Prosecutors' Office, a close confidant of Yoon. Yun Gap-geun, former chief prosecutor of the Daegu High Prosecutors' Office, is also expected to join the team. President Yoon Suk Yeol poses with Kim Hong-il, then-chief of the Anti-Corruption and Civil Rights Commission, during an appointment ceremony at the presidential office in Seoul, Jan.

3. Korea Times photo by Seo Jae-hun While public calls are mounting for a swift investigation, critics think that growing power struggles among investigative bodies could undermine the probe's efficiency. The investigation is currently being led by two bodies — the prosecutors, and a joint investigative team consisting of the police, the Corruption Investigation Office for High-ranking Officials (CIO) and the Ministry of National Defense.

The joint investigation team said Tuesday that a summons requesting Yoon to appear for questioning at the CIO's office by 10 a.m. on Wednesday, was returned a day after it was sent to Yoon's residence.

“According to the postal system, the summons delivered to the presidential residence shows the recipient refused to accept it,” a CIO official said. Meanwhile, the Seoul Central District Prosecutors' Office has also requested that Yoon appear for questioning by Saturday, after he missed the initial summons deadline on Monday. Police vehicles are parked near the presidential residence in Seoul, Sunday.

Yonhap Under these circumstances, Yoon can choose which summons to respond to — if he appears at all. If he complies, it would mark the first time in Korean history that a sitting president has been questioned. While some speculate that the prosecutor-turned-president may choose to cooperate with the prosecution, questions remain about whether prosecutors have the legal authority to investigate treason under current laws.

Following a 2021 overhaul of investigative powers between the police and prosecution, prosecutors lack formal authority to investigate treason charges. Former Defense Minister Kim Yong-hyun, alleged to be the mastermind behind the martial law plan, has refused to cooperate with the prosecutors' questioning, claiming that they lack investigative authority. Kim was taken into custody on Dec.

8. The joint investigative team faces its own challenges as well, as the CIO and police do not have the right to indict suspects. This means that even if the joint investigation team manages to gather critical evidence, the prosecutors must be involved in bringing formal charges against Yoon.

.