Mixed reactions to the contents of President Yoon's search warrant

[Anchor]

There is ongoing controversy regarding the clause noted by the presiding judge in the search warrant issued alongside the arrest warrant.

Opinions in the legal community are divided on whether the clause, which states not to apply Articles 110 and 111 of the Criminal Procedure Act, is a matter of discretion or an overreach of authority.

The side of President Yoon claims that the warrant is invalid.

Reporter Lee Ho-jun has the details.

[Report]

The search warrant issued alongside President Yoon Suk Yeol's arrest warrant contains this clause.

It states, "Exceptions shall be made for the application of Articles 110 and 111 of the Criminal Procedure Act."

These provisions state that in cases involving military or official secrets, searches or seizures cannot be conducted without the consent of the responsible person.

These clauses have been the basis for the Presidential Security Service's refusal to allow searches, but the presiding judge included this clause in the warrant, instructing not to apply these provisions.

Opinions in the legal community regarding this clause are mixed.

First, there is a perspective that it can be seen as within the discretion of the presiding judge.

[Lim Ji-bong/Professor at Sogang University Law School: "It means to search and arrest President Yoon, given the possibility that he may be hiding inside. I believe this falls within the authority of the judge to issue a warrant."]

On the other hand, there is an opinion that completely excluding the application of specific provisions of the Criminal Procedure Act by the presiding judge is an overreach of authority.

[Cha Jin-ah/Professor at Korea University Law School: "What authority does a judge have to exclude the application of the law? If there is unconstitutionality in the law that obstructs execution, a request for constitutional review should be made."]

The Corruption Investigation Office for High-ranking Officials stated that the search warrant is merely for determining the whereabouts of President Yoon and does not pose a significant issue.

However, President Yoon's side argues that the issuance of a search warrant containing such a clause violates the Criminal Procedure Act and claims it is invalid, filing an objection with the Seoul Western District Court that issued the warrant.

KBS News, Lee Ho-jun.