SEOUL, South Korea — In the frigid cold and snow, hundreds of South Koreans gathered overnight into Sunday close to the residence of impeached President Yoon Suk Yeol, demanding his ousting and arrest. This rally coincided with authorities’ plans to renew efforts to detain him due to his brief martial law declaration.
On Friday, investigators from the anti-corruption agency, alongside police, attempted to enforce a detainment warrant against Yoon. However, they withdrew after a standoff lasting over five hours with the presidential security service at Yoon’s home in Seoul.
Approaching a crucial deadline, the Corruption Investigation Office for High-Ranking Officials is contemplating charges of rebellion against the conservative president. This came after Yoon declared martial law on December 3, dispatching troops to encircle the National Assembly after feeling frustrated by legislative pushback from a liberal opposition majority. The Assembly promptly revoked his decree with a unanimous vote, leading to Yoon’s impeachment on December 14, with allegations of rebellion accompanying the decision. Subsequently, anti-corruption authorities and public prosecutors initiated separate investigations into the incident.
A week ago, a Seoul court issued a warrant for Yoon’s detainment amid a separate order to search his residence, following Yoon’s refusal to cooperate with authorities. Executing these warrants has become complicated as long as Yoon remains within his official residence. The detainment warrant remains valid until Monday. Over the weekend, staff from the presidential security service were seen erecting barbed wire near the access points to Yoon’s residence, likely signaling preparations for another attempt at detaining him.
If the anti-corruption agency succeeds in detaining Yoon, they may seek a court’s approval for a formal arrest. Otherwise, he could be released after 48 hours. While anti-Yoon protestors rallied for hours near the presidential gate, supporters of Yoon also gathered in surrounding streets, creating a tense atmosphere separated by police barriers and buses.
“With hardly any time left before the execution deadline for Yoon Seok Yeol’s detainment warrant, the presidential security service is shielding a criminal, while the Corruption Investigation Office does not appear to be at all perturbed,” activist Kim Eun-jeong exclaimed to crowds during the protests. Meanwhile, Park Chan-dae, the floor leader of the main opposition Democratic Party, urged the anti-corruption agency to act swiftly in detaining Yoon, criticizing them for their perceived hesitance.
The anti-corruption agency, which is conducting a joint investigation with police and military investigators, has urged the acting leader, Deputy Prime Minister Choi Sang-mok, to instruct the presidential security service to comply with the detainment warrant’s execution. However, Choi has not made any public comments regarding the matter yet.
Park Jong-joon, who heads the presidential security service, pushed back against claims that his organization functions merely as Yoon’s protective force. He insisted on their legal obligation to protect the sitting president, affirming that he had directed his members to refrain from violent actions during the confrontation on Friday, while also calling for a change in tactics from the anti-corruption agency and police.
On Saturday, Park and his deputy ignored summonses from police, who intended to question them regarding their suspected interference with official duties during Friday’s events. Though mandated to secure Yoon’s protection, the presidential security act does not empower them to obstruct court-ordered detainments, which could potentially constitute a violation of official duty, noted Park Sung-bae, an attorney specializing in criminal law. Despite a sitting president enjoying prosecution immunity, this coverage does not apply to serious allegations such as rebellion or treason.
Reports indicate that investigators faced multiple physical confrontations with security personnel, raising safety concerns, and that defense minister Kim Seon-ho articulated his worries to the presidential security service, asserting that the use of military forces to prevent a detention warrant’s execution would be inappropriate.
Yoon’s defense team is planning to lodge complaints against the chief prosecutor of the anti-corruption agency, Oh Dong-woon, alongside about 150 individuals involved in Friday’s detention effort, which they deem unlawful. They also aim to file grievances against the acting defense minister and police chief for disregarding the presidential security service’s calls for assistance.
The defense team contends that the warrants against Yoon are unenforceable at his residence, relying on legal protections for areas potentially linked to military secrets from search without authorization. They argue that the anti-corruption agency lacks the jurisdiction to investigate rebellion allegations and that law enforcement officers do not possess the authority to aid in detaining Yoon.
Yoon’s situation now hinges on the decision of the Constitutional Court, which has started to deliberate on whether to officially remove him from office or restore him.
