SEOUL, South Korea — On Thursday, the attorneys for South Korea’s impeached president announced that he would abstain from further questioning following his detainment by anti-corruption authorities concerning his controversial martial law declaration last month. They contend that the ongoing investigation is unlawful.
President Yoon Suk Yeol invoked his right to remain silent after enduring over ten hours of questioning at the Corruption Investigation Office for High-Ranking Officials. This session followed a significant law enforcement operation that took place at his official residence in Seoul, where he was detained.
In the coming days, investigators are anticipated to seek his arrest formally. The anti-corruption agency is collaborating with police and military oversight to ascertain if Yoon’s announcement of martial law amounts to an attempted rebellion. The agency has a 48-hour window to either request an official court order for Yoon’s arrest or release him.
Yoon’s defense team has argued that the detention warrant issued by the Seoul Western District Court is without merit and has urged the Seoul Central District Court to consider his release. The timeline for the warrant remains inactive while the court deliberates on the petition, which could take as long as 48 hours.
On Thursday, Yoon’s legal representatives formally filed complaints with prosecutors, asserting that the raid on the presidential residence, which resulted in the head of state’s detainment, was unlawful. Yoon did not appear at the Thursday session of the Central District Court due to security issues, as noted by one of his lawyers, Seok Dong-hyeon.
Amid heavy police presence, hundreds of supporters gathered near the court, waving banners and chanting slogans demanding Yoon’s release. The situation escalated into the most severe political crisis the nation has faced since its democratization in the late 1980s when Yoon attempted to bypass legislative deadlock by declaring martial law and positioning troops around the National Assembly on December 3. The legislative impasse resolved itself within hours when lawmakers managed to vote against the martial law declaration.
On December 14, the assembled opposition suspended Yoon’s presidential powers by voting to impeach him on charges of rebellion. The Constitutional Court is now tasked with determining Yoon’s fate, deliberating whether to formally remove him from office or dismiss the charges, allowing for his reinstatement.
Yoon and his political allies have resisted inquiries into his involvement during the chaotic events of December 3. He sidestepped multiple requests to appear for questioning, opting to remain at his official residence to avoid arrest. His legal team previously denied police access to the residence, citing legal protections related to potentially classified military information. They maintained that the anti-corruption agency lacked jurisdiction to investigate allegations of rebellion.
Efforts to detain him were initially thwarted by the presidential security service, which barricaded his residence. Ultimately, he was taken into custody after a protracted five-hour operation, involving hundreds of anti-corruption investigators and police.
In a video addressed to the public just before being taken to the anti-corruption headquarters, Yoon expressed concerns that “the rule of law has completely collapsed in this country.” He reaffirmed his stance that the anti-corruption agency lacked the capacity to investigate his actions, although he accepted the need for detainment to avert potential violence.
The Constitutional Court dismissed Yoon’s lawyers’ request to delay a hearing scheduled for Thursday, but it is still possible for him to assert his right to attend while detained.
Should the court approve an arrest warrant for Yoon, investigators can extend his detention for up to 20 days, subsequently transferring the case to public prosecutors for potential indictment.
If prosecutors bring charges against Yoon for rebellion or abuse of power, he could remain in custody until the first court verdict, which generally occurs within six months. Under South Korean law, a conviction for leading a rebellion can result in severe penalties, including the death sentence or life imprisonment.
