SEOUL, South Korea — On Thursday, attorneys for the impeached president of South Korea announced that he would no longer participate in questioning following his detention by anti-corruption authorities over his controversial martial law declaration from the previous month. They argue that the ongoing investigation is unlawful.
President Yoon Suk Yeol chose to exercise his right to remain silent during a lengthy questioning session that lasted over ten hours at the Corruption Investigation Office for High-Ranking Officials. This questioning followed a significant law enforcement operation that saw officials detaining him at his residence in Seoul.
It is anticipated that investigators will seek to place him under formal arrest in the near future. The anti-corruption agency, which is collaborating with both police and military forces to determine if Yoon’s martial law declaration constitutes an attempted rebellion, has a 48-hour window to either file for a court order for his arrest or release him.
The legal team representing Yoon contends that the arrest warrant issued by the Seoul Western District Court lacks validity. They have submitted a petition to the Seoul Central District Court requesting his release. The timeline for the arrest warrant has been paused while the court evaluates this petition, a process that could take up to 48 hours. There is a chance that Yoon might participate in a hearing at the Central District Court as part of this review, which is scheduled for 5 p.m. Thursday, suggesting a decision could be reached later in the day.
Yoon triggered South Korea’s most significant political turmoil since the nation’s democratization in the late 1980s when he attempted to cut through legislative gridlock by imposing martial law and stationing troops around the National Assembly on December 3. This blockade lasted only for a few hours, as lawmakers were able to navigate around it and vote to revoke the measure.
Following a vote by the opposition-majority assembly to impeach him on December 14, Yoon’s presidential powers were suspended, with accusations of rebellion against him. His situation is now in the hands of the Constitutional Court, which is currently engaged in discussions to decide whether to formally remove him from office or if the charges will be dismissed, allowing for his reinstatement.
Yoon and his supporters have resisted all inquiries into his involvement in the events of December 3. He brushed off multiple requests to be questioned for several weeks, choosing to stay at his official residence to evade arrest, while his lawyers blocked police attempts to serve warrants, citing laws that protect potentially sensitive military locations from searches without consent from their leaders—Yoon himself. They have also claimed that the anti-corruption agency lacks the necessary legal standing to probe the allegations of rebellion.
At one point, Yoon thwarted an arrest attempt as security personnel encircled his residence. Ultimately, he was detained after a five-hour raid by hundreds of anti-corruption investigators and police at the presidential compound during a second effort.
In a video message recorded shortly before his transport to the anti-corruption agency headquarters, Yoon expressed concern that the “rule of law has completely collapsed in this country.” He reiterated his lawyers’ stance that the anti-corruption body does not have jurisdiction to investigate his conduct, but acknowledged his decision to comply with detention in order to avert potential violence.
The Constitutional Court denied his lawyers’ plea to delay a hearing on his case scheduled for Thursday, although it is possible for Yoon to ask to attend the proceedings, even while detained.
If the court approves a warrant for Yoon’s formal arrest, investigators will have the ability to extend his detention for up to 20 days, after which the case would be referred to public prosecutors for possible indictment.
Should prosecutors proceed with charges of rebellion and abuse of power, Yoon could remain in custody until a ruling is issued, which typically occurs within six months. According to South Korean law, a conviction for rebellion could lead to severe penalties, including the death sentence or life imprisonment.
