Another Arrest Warrant for 'Insurrection Participation' Park Sung-jae Dismissed... Likely to Be Indicted Without Detention

[Financial News] Former Minister of Justice Park Sung-jae, who is accused of participating in Yoon Suk Yeol's December 3 martial law declaration, has once again avoided arrest.
According to the legal community on the 14th, Nam Se-jin, the judge in charge of warrants at the Seoul Central District Court, dismissed the arrest warrant for former Minister Park on charges including participation in key insurrection duties and abuse of authority.
The court explained, "Even after considering the additional criminal charges and newly collected evidence since the previous dismissal of the arrest warrant, there is still room for dispute regarding the charges. Therefore, it is deemed necessary to provide sufficient opportunity for defense while not in custody." The court added, "Given the evidence secured so far, the progress of the investigation, his fixed residence and family ties, and his career, it is difficult to believe there is a risk of evidence destruction or flight."
Former Minister Park is accused of having discussed and been aware of Yoon Suk Yeol's illegal martial law declaration in advance, yet, as a cabinet member, failing to actively prevent it and instead participating.
It was revealed that on December 3 of last year, after Yoon Suk Yeol declared martial law, former Minister Park instructed the Prosecutors' Bureau via a Ministry of Justice executive meeting to consider dispatching prosecutors to a joint investigation headquarters. More than ten directors and bureau chiefs from the Ministry of Justice attended the meeting and reportedly received these instructions from Park.
Prior to the martial law declaration, former Minister Park was found to have been aware of the martial law plans at the Presidential Office along with former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min. Around this time, Park had three phone calls with former Prosecutor General Shim Woo-jung. The special prosecutor's team (led by Cho Eun-seok) focused on whether Park discussed the dispatch of prosecutors with Shim during their questioning. Shim is also suspected of attempting to verify allegations of election fraud by sending a prosecutor from the Supreme Prosecutors' Office's Forensic Science Division to the National Election Commission in Gwacheon during the period of martial law.
Additionally, Park is accused of instructing the Korea Immigration Service to have an exit ban team on standby on the day martial law was declared. In fact, it was revealed that on the night of martial law, the immigration control team responsible for entry/exit bans and anti-terrorism duties reported to the MOJ headquarters. The special prosecutor's team believes Park, having been aware of Yoon Suk Yeol's martial law declaration in advance, acted to prevent politicians listed as 'arrest targets' from leaving the country.
Furthermore, Park is suspected of instructing the Korea Correctional Service to check detention capacity and secure space to accommodate politicians and others after the martial law declaration. He is also under suspicion for participating in a 'post-martial law safe house meeting.' On the day martial law was lifted, Park, along with former Minister of the Interior and Safety Lee Sang-min, former Senior Presidential Secretary for Civil Affairs Kim Joo-hyun, former Presidential Legal Secretary Han Jeong-hwa, and former Director of the Office of Legislation Wankyu Lee, attended a meeting at the Presidential Safe House in Jongno-gu, Seoul.
Park’s legal team has consistently argued in previous investigations and warrant hearings that they cannot agree with the special prosecutor’s claim that the declaration of martial law itself constitutes insurrection. They also asserted that even if there was illegality, Park was not fully aware of it at the time. They have denied all allegations, stating that Park only performed routine duties as Minister of Justice and never issued any improper orders.
On the 9th of last month, the special prosecutor’s team applied for an arrest warrant for Park on charges of participation in key insurrection duties and abuse of authority. However, the court dismissed the warrant, citing that there was still room for dispute regarding Park’s awareness of the illegality.
With the repeated dismissal of Park’s arrest warrant, the special prosecutor’s team is expected to indict him without detention rather than seek further custody. However, as the court has rejected all initial attempts to prove the 'insurrection participation' charge emphasized by the special prosecutor, it is expected that future legal battles in court will become more challenging.

[email protected] Jeong Kyung-soo Reporter