Former Prime Minister Hwang Kyo-ahn is exercising his right to remain silent in an investigation by the special counsel team probing the December 3 martial law declaration.

Assistant counselor Park Ji-young made the statement during a news briefing on Wednesday shortly after the team, led by special counsel Cho Eun-suk, entered Hwang's residence in Seoul and took the former prime minister into custody.

Hwang can be held for up to 48 hours, during which investigators plan to question him about whether he advocated and incited insurrection.

Park said the charges against Hwang are serious, noting that a person convicted of inciting insurrection can face three or more years in prison. 

The probe team believes that Hwang, a former justice minister and prime minister, attempted to incite insurrection by supporting the December 3 martial law declaration on social media.

Park stressed that, given Hwang’s career, his words and actions carry greater weight than those of ordinary citizens. 

Meanwhile, Hwang, as he stepped into Seoul High Prosecutors’ Office to face questioning, argued that declaring martial law does not constitute an insurrection.