Legal hurdles and precedent in political arrest warrant failures

입력 2025.01.04 (00:43)

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[Anchor]

In the past, there have been cases where investigative agencies failed to execute warrants against certain politicians.

These failures were mainly due to being blocked by supporters or party members during attempts to arrest, and in such cases, what kind of punishment can be expected? Reporter Yang Min-cheol has investigated.

[Report]

Prosecutors attempted to enter the Democratic Party's headquarters but were blocked by party members.

[Jang Jeon-hyung/Democratic Party Deputy Spokesperson/Feb. 2004: "We view this as a politically motivated investigation targeting the Democratic Party, so we cannot comply."]

Prosecutors had sought to execute an arrest warrant for former party leader Han Hwa-gab, accused of accepting 1 billion won in illegal political funds.

When 200 party members blocked the entrance, the prosecutors eventually concluded the case with an indictment without detention.

An arrest warrant was issued for Lee In-je, then member of the United Liberal Democrats, on charges of violating the Political Funds Act, but was blocked by party members and supporters wielding gas canisters and chains.

[Supporter of Lee In-je/voice altered/Apr. 2004: "It's not just me here. Volunteers and supporters are united. We will all be here until the withdrawal."]

Lee In-je endured 18 days before eventually undergoing a prosecution investigation.

While there is no legal method to forcibly execute a warrant, if physical force is used to obstruct it, charges such as obstruction of official duties can be applied.

[Cha Jin-ah/Professor at Korea University Law School: "If there was any exercise of physical force, in such cases, one could be punished for obstruction of official duties, and if multiple people conspired to commit assault or threats, they could be punished for special obstruction of official duties."]

However, in the case of President Yoon, there is no precedent for the arrest of a sitting president, and the Presidential Security Service is opposing this warrant execution as an unauthorized intrusion, so future controversies are expected.

This is KBS News, Yang Min-cheol.

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  • Legal hurdles and precedent in political arrest warrant failures
    • 입력 2025-01-04 00:43:03
    News 9
[Anchor]

In the past, there have been cases where investigative agencies failed to execute warrants against certain politicians.

These failures were mainly due to being blocked by supporters or party members during attempts to arrest, and in such cases, what kind of punishment can be expected? Reporter Yang Min-cheol has investigated.

[Report]

Prosecutors attempted to enter the Democratic Party's headquarters but were blocked by party members.

[Jang Jeon-hyung/Democratic Party Deputy Spokesperson/Feb. 2004: "We view this as a politically motivated investigation targeting the Democratic Party, so we cannot comply."]

Prosecutors had sought to execute an arrest warrant for former party leader Han Hwa-gab, accused of accepting 1 billion won in illegal political funds.

When 200 party members blocked the entrance, the prosecutors eventually concluded the case with an indictment without detention.

An arrest warrant was issued for Lee In-je, then member of the United Liberal Democrats, on charges of violating the Political Funds Act, but was blocked by party members and supporters wielding gas canisters and chains.

[Supporter of Lee In-je/voice altered/Apr. 2004: "It's not just me here. Volunteers and supporters are united. We will all be here until the withdrawal."]

Lee In-je endured 18 days before eventually undergoing a prosecution investigation.

While there is no legal method to forcibly execute a warrant, if physical force is used to obstruct it, charges such as obstruction of official duties can be applied.

[Cha Jin-ah/Professor at Korea University Law School: "If there was any exercise of physical force, in such cases, one could be punished for obstruction of official duties, and if multiple people conspired to commit assault or threats, they could be punished for special obstruction of official duties."]

However, in the case of President Yoon, there is no precedent for the arrest of a sitting president, and the Presidential Security Service is opposing this warrant execution as an unauthorized intrusion, so future controversies are expected.

This is KBS News, Yang Min-cheol.

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