On Tuesday, a South Korean court approved the detention of impeached President Yoon Suk Yeol as part of a criminal investigation into his brief imposition of martial law. This marks the first instance of a sitting president in the country facing arrest. The Corruption Investigation Office for High-ranking Officials (CIO) confirmed that the Seoul Western District Court granted an arrest warrant sought by investigators probing Yoon’s declaration of martial law on December 3 and allegations of subsequent abuse of power.
The warrant, which allows investigators to search Yoon’s office and residence, must be executed within seven days and can be extended. However, analysts believe it is unlikely investigators will have the opportunity to carry out the warrant before the end of the year. Yoon has ignored three summonses for questioning, and his lawyers have argued the investigation into his martial law declaration is a violation of presidential immunity.
Besides Yoon, several cabinet ministers, police officers, and military commanders are facing indictments or being investigated over the declaration of martial law. The upcoming decision by the Constitutional Court to either confirm his ouster or restore his presidential powers could be pivotal in the unfolding political crisis.
In a New Year’s address to the nation, acting President Choi Sang-mok called for national unity and trust in the government as changes in global trade, diplomacy and security, and domestic political uncertainty loomed. “The Republic of Korea faces unprecedentedly serious conditions, and we need to run state affairs stably in all areas of defense, economy, and society so that the people feel relieved,” he said.
As Yoon’s legal team argues the declaration of martial law was within his constitutional authority, lawmakers plan to prepare for a floor vote on Saturday to try to remove him from office. Yoon’s impeachment would require a majority of the 200-member National Assembly and a two-thirds majority in the Constitutional Court.
The CIO and police are investigating the possibility that he illegally abused his presidential authority by declaring martial law and using the armed forces to suppress public protests. The probes have also focused on allegations that Yoon’s declaration amounted to rebellion or treason, which are punishable by up to 20 years in prison.
Experts say that even if the investigation concludes that he committed an offense, it is unclear whether investigators will have the authority to forcefully detain him as South Korean law gives the president immunity from prosecution while in office, except for cases involving rebellion or treason. If he is arrested, Yoon could challenge the warrants in the constitutional court. He could also be extradited to the United States, where he has business interests and family. Yoon’s wife is a US citizen.
