On the 11th, the National Investigation Headquarters (NIS) announced that it had decided to operate a 'Cooperative Investigation Headquarters' (Cooperative HQ) with the Corruption Investigation Office (CIO) and the Ministry of National Defense's Investigation Headquarters. The prosecution, which is competing with the police and the CIO over the state of emergency, was not included in the Cooperative HQ.
The Cooperative HQ aims to organically cooperate by leveraging the strengths of each agency, such as the investigative experience and capabilities of the NIS, the legal expertise and warrant application rights of the CIO, and the military expertise of the Ministry of National Defense's Investigation Headquarters. An NIS official stated, "We will resolve confusion and inefficiency caused by overlapping investigations."
While competing with the prosecution over the state of emergency, the police have often lagged behind the prosecution due to the limitation that all applications for search warrants must go through the prosecution.
The decision to form the Cooperative HQ instead of a 'Joint Investigation Headquarters' by the three agencies—police, CIO, and the Ministry of National Defense—was made because they believed it would maximize synergy among the agencies. The Joint Investigation Headquarters operates by jointly managing an office and dispatching investigative personnel from each agency. In contrast, the Cooperative HQ allows each agency to operate independently while collaborating whenever necessary.
On that day, 18 investigators from the Special Investigation Team arrived at the presidential office in Yongsan before noon. It was reported that the investigative personnel were carrying blue boxes for the search and had prepared digital forensic equipment. The search warrant reportedly specified four locations, including the Cabinet meeting room, the president's office, and the National Security Office. A Special Investigation Team official stated that the minutes of the Cabinet meeting, which could help clarify the truth of that day, were also among the materials targeted for seizure.
While waiting for over an hour on the second floor of the Ministry of National Defense's reception area, the Special Investigation Team requested the security office staff at the first-floor reception desk, "Please call the responsible persons for the four locations. We would like to discuss the execution of the warrant," leading to a standoff. Although Chief Secretary Yoon Jae-soon negotiated with the Special Investigation Team in the reception area, the search was ultimately not carried out. This attempt and refusal to search the presidential office is the first in seven years since the special prosecutor's team attempted to search the Blue House during the Park Geun-hye administration in 2017.
Articles 110 and 111 of the Criminal Procedure Act stipulate that searches cannot be conducted without the consent of the responsible person in places requiring military or official secrets. It appears that the person in charge of the Yongsan facility refused the police's search based on this provision. Instead, the Special Investigation Team decided to receive materials from the presidential office in a voluntary submission format. The Special Investigation Team also conducted searches at the Ministry of National Defense and the Joint Chiefs of Staff building, where the command post for the state of emergency was established. The Joint Chiefs of Staff explained, "This search is targeting facilities and equipment used by the former command post, and it is not a search of the Joint Chiefs of Staff itself."
This attempt to search came the day after it was revealed during a National Assembly Defense Committee inquiry that President Yoon had communicated with military commanders via phone during the December 3 state of emergency. On the 10th, Army Special Warfare Command Commander Kwak Jong-geun stated, "The president called directly on a secure phone, saying, 'It seems that the quorum has not yet been met. Quickly break down the door and pull out the people inside.'" It has also been reported that President Yoon directed the modification or deletion of certain contents of the proclamation draft reported by former Minister of National Defense Kim Yong-hyun, indicating his direct involvement in the drafting of the proclamation.
As evidence emerges that President Yoon led the entire process of the state of emergency, there is speculation that the police may attempt to secure the president's custody in the future. Given that the charge of insurrection under the Criminal Act is a serious crime punishable by death, it is reported that the police are keeping the possibility of an emergency arrest open.
The CIO also stated on the same day regarding the state of emergency, "If the situation arises, we will attempt to urgently arrest President Yoon." The prosecution, which has partially recognized the legitimacy of the investigation through the issuance of the warrant, plans to continue the insurrection investigation separately from the Cooperative HQ. The special investigation team of the prosecution, which has been conducting a joint investigation with 62 members, announced that 15 additional prosecutors and investigators would join on that day.
[Reporters: Moon Kwang-min / Kwon Sun-woo / Woo Je-yoon / Kim Seong-hoon]
