SEOUL — On Thursday (Jan 23), South Korea's anti-corruption agency transferred its investigation into impeached President Yoon Suk-yeol to prosecutors, recommending his indictment on charges of insurrection and abuse of power related to his brief attempt to declare martial law.

The Corruption Investigation Office for High-ranking Officials (CIO) stated that it would urge prosecutors to charge Yoon for allegedly leading an insurrection, abusing his authority, and blocking others from exercising their rights.

Yoon, who was impeached and suspended from office on Dec 14, has been in custody since Jan 15 while investigators probe his Dec 3 martial law attempt, which shocked the country but was overturned within hours by parliament. The CIO, created in 2021 to investigate high-ranking officials, including the president, has worked with a joint team from the police and defense ministry, while prosecutors are conducting their own investigation.

Under the law, the CIO can investigate but cannot prosecute the president, so the case must be handed over to prosecutors for further action.

Yoon's detention is expected to end around Jan 28, but prosecutors are likely to request an extension for an additional 10 days before formally charging him.

The Supreme Prosecutors' Office has not commented on the case. Prosecutors have already charged Yoon's former defense minister, Kim Yong-hyun, with insurrection, as well as other senior officials, including the chiefs of various defense and police agencies. Since his arrest, Yoon has refused to cooperate with the CIO investigators, even ignoring their summons. Lee Jae-seung, the deputy head of the CIO, stated that it would be more efficient for prosecutors to take over the investigation, considering Yoon's refusal to cooperate.

According to investigators, multiple military officials have testified that Yoon sought to arrest politicians and mentioned issuing a second martial law order. Yoon and his lawyers have denied these claims. Yoon, who was previously a top prosecutor before becoming president, now faces prosecution by his former colleagues, though the extent of their connections remains unclear.

Yoon's defense team has argued that the CIO lacks authority to investigate the case, claiming that insurrection is not listed among the violations the agency is empowered to investigate. They also argue that any criminal investigation should wait until the Constitutional Court rules on Yoon’s impeachment. On Thursday, Yoon reaffirmed to the Constitutional Court that he never intended to fully impose martial law, stating that it was meant as a warning to address political deadlock.

At the hearing, former defense minister Kim, who had proposed the martial law declaration to Yoon, argued that the small number of troops mobilized showed Yoon was not serious about imposing military control. Kim added that Yoon was frustrated with the opposition's focus on protecting its leader, impeaching officials, and pushing investigations against him. According to Kim, Yoon believed the opposition's "parliamentary dictatorship and violence" had spiraled out of control, and he saw martial law as the only way to stop it.

Disclaimer: This image is taken from Reuters file