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Yoon Lawyers: Will Reject Questioning  01/16 06:11

   

   SEOUL, South Korea (AP) -- Lawyers representing South Korea's impeached 
president said Thursday he will refuse further questioning after being detained 
by anti-corruption officials over his ill-fated declaration of martial law last 
month, maintaining that the investigation is illegal.

   President Yoon Suk Yeol exercised his right to remain silent as he faced 
more than 10 hours of questioning on Wednesday at the headquarters of the 
Corruption Investigation Office for High-Ranking Officials, following a massive 
law enforcement operation to detain him at his official residence in Seoul.

   Investigators are expected to move to place him under arrest in the coming 
days.

   The anti-corruption agency, which is leading a joint investigation with the 
police and the military over whether Yoon's martial law declaration amounted to 
attempted rebellion, has 48 hours either to request a court order for his 
formal arrest or to release him.

   Yoon's lawyers have argued that the detention warrant issued by the Seoul 
Western District Court is invalid and have asked the Seoul Central District 
Court to consider his release. The clock for the arrest warrant is on hold 
while the court reviews his petition, which can take up to 48 hours.

   On Thursday, his lawyers formally claimed Wednesday's raid at the 
presidential residence which led to the detention of a head of state was 
illegal, in complaints filed with prosecutors.

   Yoon didn't attend a hearing at the Central District Court on Thursday, 
which was part of the review over his detention warrant, due to security 
concerns, according to Seok Dong-hyeon, one of the president's lawyers.

   It was expected that the decision could come sometime during the evening.

   Hundreds of Yoon's supporters gathered in the streets near the court amid a 
heavy police presence, waving banners and chanting slogans calling for his 
release.

   Yoon set off the country's most serious political crisis since its 
democratization in the late 1980s when he attempted to break through gridlock 
in legislation by declaring martial law and deploying troops around the 
National Assembly on Dec. 3. The standoff lasted only hours before lawmakers 
managed to get through the blockade and voted to lift the measure.

   His presidential powers were suspended when the opposition-dominated 
assembly voted to impeach him on Dec. 14, accusing him of rebellion. His fate 
now rests with the Constitutional Court, which has begun deliberating on 
whether to formally remove Yoon from office or reject the charges and reinstate 
him.

   Yoon and his allies have defied efforts to investigate his role in the chaos 
of Dec. 3. He ignored requests to appear for questioning for weeks, remaining 
in his official residence to avoid detention as his lawyers turned away police, 
citing a law that protects locations potentially linked to military secrets 
from search without the consent of the person in charge -- Yoon himself. They 
also said that the anti-corruption agency had no legal authority to investigate 
rebellion allegations.

   Yoon also resisted one attempt to detain him as the presidential security 
service barricaded the residence. He was finally brought into custody after 
hundreds of anti-corruption investigators and police raided the presidential 
compound for some five hours in a second attempt.

   In a video message recorded shortly before he was escorted to the 
headquarters of the anti-corruption agency, Yoon lamented that the "rule of law 
has completely collapsed in this country." He echoed the arguments of his 
lawyers that the anti-corruption agency does not have the authority to 
investigate his actions, but said he accepted detention to prevent violence.

   The Constitutional Court rejected a request by Yoon's lawyers to postpone a 
hearing on his case scheduled for Thursday. It remains possible for Yoon to 
exercise his right to attend, even while under detention.

   If a court grants a warrant for Yoon's formal arrest, the anti-corruption 
investigators can extend his detention to 20 days, during which it will 
transfer the case to public prosecutors for an indictment.

   If prosecutors indict Yoon on the possible charges of rebellion and abuse of 
power, he could remain under arrest until the first court ruling, which is 
typically made within six months, said Park Sung-bae, an attorney specializing 
in criminal law. Under South Korean law, the leader of a rebellion can face the 
death penalty or life imprisonment if convicted.

 
 
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