SEOUL, South Korea — On Tuesday, a South Korean court issued detention warrants for the impeached President Yoon Suk Yeol and authorized searches of both his official office and home, stemming from allegations of rebellion linked to his brief declaration of martial law. This marks an unprecedented step, as it is the first time a sitting president in South Korea has had such a warrant issued against them. However, legal experts assert that the likelihood of actual detention or searches is slim unless Yoon is officially removed from his position.
The Seoul Western District Court made the decision to issue these warrants based on a statement from the Corruption Investigation Office for High-Ranking Officials, which is conducting a joint investigation with police and military agencies. Authorities are probing whether Yoon’s declaration from December 3 qualifies as an act of rebellion.
In South Korea, the penalties for rebellion can be severe, potentially resulting in death or life imprisonment upon conviction. Although Yoon has immunity from most criminal charges as president, this protection does not extend to serious accusations like rebellion or treason. His powers were temporarily suspended following an impeachment vote by the opposition majority in the National Assembly on December 14 due to his imposition of martial law. This declaration allowed for the deployment of extensive military and police resources to the assembly, which is only permitted during wartime or emergencies, according to South Korean law.
Yoon has maintained that his martial law declaration was a necessary exercise of power, framing it as a cautionary message directed at the primary opposition party, the Democratic Party, which he has characterized as “anti-state” and a “monster.” He accused them of misusing their legislative control to undermine the government and sympathize with North Korea.
The situation is complicated by the Constitutional Court’s upcoming decision on whether to confirm Yoon’s impeachment or reinstate him. Legal specialists believe it is improbable that Yoon will comply with the warrants, given his previous avoidance of inquiries by investigative bodies, alongside the presidential security service blocking searches at his properties, citing legal protections regarding state secrets.
A spokesperson for Yoon termed the detainment warrant as “invalid” and “illegal,” asserting that the anti-corruption agency lacks the authority to pursue rebellion allegations. The presidential security service pledged to ensure Yoon’s security while adhering to legal mandates.
While the anti-corruption office indicated there were no immediate plans for executing the warrants, observers like Choi Jin, director of the Institute of Presidential Leadership, remarked that unless Yoon permits his own detainment, enforcement actions are unlikely. He raised concerns about the potential confrontations between investigators and the security forces.
Political analyst Park Sung-min suggested that the issuance of the arrest warrant may be a strategic maneuver to compel Yoon into cooperating with the ongoing investigations. The scenario recalled former President Park Geun-hye’s tenure, during which she faced reluctance to meet prosecutors before ultimately being removed from office amid a corruption scandal and subsequently arrested.
Although Yoon’s martial law lasted a mere six hours, it was a catalyst for significant political upheaval, disrupting diplomatic efforts and affecting financial markets. Despite Yoon’s military mobilization, lawmakers managed to assemble and unanimously overturn the declaration.
Moreover, several high-ranking officials, including Yoon’s defense minister and police chief, have already faced arrest over their involvement in the martial law situation. While Yoon maintains that his intention was to ensure order, evidence from military commanders contradicts his assertions, revealing that troops were instructed to forcibly remove lawmakers from the assembly premises.
The nation’s political turmoil escalated last Friday when the Democratic Party and other smaller opposition groups opted to impeach acting President Han Duck-soo due to his reluctance to fill three judicial vacancies on the nine-member Constitutional Court. This move could potentially increase the chances of Yoon’s impeachment being validated, given that it requires majority endorsement from justices.
As South Korea’s new interim leader, deputy prime minister and finance minister Choi Sang-mok appointed two additional justices on Tuesday, emphasizing a sense of urgency to address the ongoing political divide and uncertainty. His actions, however, were met with criticism from both sides of the political spectrum, with the ruling People Power Party accusing him of capitulating to opposition pressures, while the Democratic Party called on him to swiftly complete the appointment of a ninth justice.
