Will CIO issue arrest warrant for Yoon?

With the chances of South Korean President Yoon Suk Yeol appearing for questioning becoming slim, all eyes are on whether an arrest warrant will be issued for Yoon due to his short-lived martial law decree on Dec. 3.

On Tuesday, Yoon’s lawyer Seok Dong-hyun stated that Yoon is unlikely to appear for questioning this week, saying that the necessary conditions to commence with questioning are “not yet in place.”

Earlier, the Corruption Investigation Office for High-ranking Officials sent a second summons notice to Yoon to appear for questioning by 10 a.m. on Wednesday as a suspect of abusing his power and leading an insurrection.

“The President believes that since the National Assembly initiated the impeachment process, the Constitutional Court’s impeachment trial should take precedence,” Seok told the press Tuesday. “At the very least, the impeachment trial proceedings by the court should take shape first and the president should convey his position to the judges and the public after.”

Seok added that he plans to issue Yoon’s statement of his position on the criminal trials after Thursday, though an exact date was not specified.

With Yoon’s confidant claiming that it would not be likely for Yoon to show up for questioning Wednesday, legal grounds could be provided for authorities to issue an arrest warrant against Yoon, according to observers.

In practice, if an individual fails to comply with three or more summons requests without a valid reason, investigative authorities can request an arrest warrant from the court to commence investigations.

Considering that Wednesday’s summons request is already the fourth summons from both public prosecutors and the joint investigative body consisting of the CIO, the police and the Defense Ministry’s investigation command, an arrest warrant can be issued for Yoon.

The CIO sent Yoon a first summons notice on Dec. 16, which was not carried out as they failed to deliver the summons. The prosecution also issued summons notices on Dec. 15 and Dec. 21, though no questioning took place.

Following Seok's statement, CIO Chief Oh Dong-woon expressed a reserved stance when repeatedly asked whether the CIO would seek an arrest warrant for President Yoon if he fails to appear for questioning on Wednesday during a parliamentary session of the National Assembly's Legislation and Judiciary Committee.

Oh said, "No policy has been decided on that matter at this time," adding the CIO "earnestly hopes" for Yoon to make time to appear at the CIO Headquarters.

The joint investigation task force, comprising the National Police Agency, the CIO, and the Ministry of Defense, has struck a similar tone to Oh.

When asked about the response if Yoon fails to appear on Wednesday, an official from the task force, speaking on condition of anonymity, stated Monday during a press briefing, "We will address it when the time comes."

The official also said,"We are in ongoing discussions and reviewing the matter with the Corruption Investigation Office for High-ranking Officials" when pressed my media on what type of warrant the CIO would pursue.

Meanwhile, authorities have concluded all investigations on Cabinet members who presided over the meeting held before martial law was declared. Police officials also conducted a closed investigation Saturday on Unification Minister Kim Yung-ho.

Top military leadership involved in the martial law declaration. Former Defense Minister Kim Yong-hyun was arrested on Dec. 11 and faces charges of directing military operations while Former military intelligence commander Noh Sang-won was sent to prosecution Tuesday for organizing a meeting with top military officials to prepare for imposing martial law.

With investigations for most key officials involved in the martial law declaration already underway, Yoon is effectively the only high-ranking official yet to be investigated in connection with the martial law declaration.