On the morning of the 16th, the special prosecutor for the insurrection stated that the third forced summons against former President Yoon Suk-yeol had been aborted. The special prosecutor noted that Deputy Prosecutor Park Eok-soo was supposed to directly supervise the summons, but it was postponed due to the request for an examination of the legality of Yoon's arrest.
Deputy Prosecutor Park Ji-young said at a press briefing that afternoon, "Deputy Prosecutor Park Eok-soo and one Deputy Director were scheduled to visit for on-site supervision," adding, "After confirming that the request for examination of the legality of the arrest was filed at the Seoul Central District Court at 10:47 a.m. that day, we postponed on-site supervision."
The day before, the special prosecutor ordered the head of the Seoul Detention Center to forcibly transfer former President Yoon to the Seoul High Prosecutors’ Office by 2 p.m. that day. The head of the detention center responded that it would be difficult to forcibly transfer Yoon using physical force and requested that the special prosecutor send a prosecutor or investigator. The special prosecutor explained that they attempted to send Deputy Prosecutor Park Eok-soo for on-site supervision.
However, on the morning of the same day, the legal representatives of former President Yoon filed a request for an examination of the legality of the arrest with the court. The legal representatives stated, "We will specifically clarify the illegality and unfairness of the arrest in court."
The examination of the legality of the arrest is a procedure in which the court reviews and determines the legality of the suspect's arrest and the necessity of continuing the detention. The court will assign it to a trial panel, which must conduct an interrogation of the suspect and evidence review within 48 hours of the request. Subsequently, the court decides on the necessity of detention based on the requirements and procedural violations for arrest, concerns about destruction of evidence, or the possibility of fleeing. During this period, the special prosecutor's investigation into former President Yoon will be suspended.
Meanwhile, the examination of the legality of former President Yoon's arrest is scheduled to take place at 10:30 a.m. on the 18th at the Seoul Central District Court, Criminal Division 9-2 (Presiding Judge Ryu Chang-sung).