SEOUL, South Korea — In a historic turn of events, President Yoon Suk Yeol has become the first South Korean leader to face indictment following his recent detention, which occurred less than two weeks prior. Having declared martial law last month, Yoon, who is currently impeached and incarcerated, is confronting serious charges of rebellion, which could lead to penalties as severe as life imprisonment or even the death sentence. This development is part of a complex political scenario that has exacerbated divisions within the country and triggered ongoing political unrest.
Yoon’s situation is compounded by a separate legal case that will determine whether he will be permanently removed from office or reinstated as president. As Seoul gears up for simultaneous court hearings amidst persistent protests from both supporters and opponents of Yoon, the legal proceedings are set to unfold over the next several months.
In the immediate future, President Yoon will remain in custody and is expected to be transported from a detention center to a court in Seoul for a rebellion trial that may span around six months. Prosecutors allege that Yoon instigated a rebellion by imposing martial law on December 3. While he enjoys presidential immunity from most criminal accusations, it does not extend to charges related to rebellion or treason. Notably, several key military figures, including Yoon’s defense minister and police chief, have already faced arrest and indictment for similar charges concerning the martial law declaration.
Amidst this backdrop, protests have erupted in downtown Seoul, with demonstrators clashing violently with law enforcement following the issuance of an arrest warrant on January 19 to prolong Yoon’s detention. Supporters of the president vandalized property in the courthouse and confronted police with various implements, resulting in injuries to 17 officers and the detention of 46 protesters.
In addition to the rebellion case, Yoon is also awaiting a ruling from the Constitutional Court, which has until June to decide on his potential dismissal or reinstatement. Experts predict that a verdict may arrive before the official deadline, recalling the swift decisions made in prior impeachment cases involving Roh Moo-hyun in 2004 and Park Geun-hye in 2016, which took 63 and 91 days, respectively. Should Yoon be ousted from office, a new election to appoint his successor would need to occur within a two-month window. Current public opinion polls indicate a neck-and-neck race between candidates from the ruling conservative party and the opposition.
In reaction to Yoon’s indictment, both political factions are gearing up for a protracted conflict. The ruling People Power Party has hinted at potential repercussions for prosecutors involved in what they term a “wrong indictment.” Conversely, Yoon’s defense asserts that the prosecutors are motivated by political currents aiming to displace him, labeling the indictment a historic disgrace for South Korea’s justice system.
Meanwhile, the main opposition party, the Democratic Party, claims that the indictment signifies the initial phase of accountability for Yoon, referring to him as the “ringleader of a rebellion.” Party spokesperson Han Min-soo accused Yoon of inciting far-right sentiments based on unfounded beliefs. Throughout this ordeal, Yoon has maintained his stance of innocence, contending that his declaration of martial law was a necessary governmental measure intended to alert the public to what he perceives as threats posed by a National Assembly dominated by liberal forces that are obstructing his policies.
The martial law Yoon enacted—lasting only six hours—was the first of its kind in South Korea in over 40 years and evoked troubling memories of past military administrations that utilized such decrees to suppress dissent from the 1960s through the 1980s.
