South Korea’s impeached President Yoon Suk Yeol faces arrest over martial law declaration

Arrest of Yoon Suk Yeol sparks political crisis

In a historic decision, a Seoul court on Tuesday approved a request to detain impeached President Yoon Suk Yeol, making him the first sitting South Korean president to face arrest. The warrant was issued over allegations of orchestrating the brief imposition of martial law on December 3, insurrection, and abuse of power.

Detention warrant issued

The Seoul Western District Court issued the detention warrant, citing Yoon’s alleged involvement in the failed martial law declaration and its aftermath. The Corruption Investigation Office for High-ranking Officials (CIO) filed the request after Yoon ignored three summonses to appear for questioning, according to Yonhap News Agency.

The warrant allows the CIO to detain Yoon for up to 48 hours for questioning and to file a formal arrest warrant. However, enforcement remains uncertain as the Presidential Security Service has denied investigators access to the presidential office and residence, citing military security concerns.

Legal challenges and immunity limits

Yoon’s defense team has contested the CIO’s authority to investigate insurrection, arguing that such cases fall under police jurisdiction. While South Korean presidents generally enjoy immunity from prosecution, this privilege does not extend to charges of treason or insurrection.

CIO chief Oh Dong-woon clarified that court-issued detention or arrest warrants cannot be legally obstructed, even by a sitting president.

Background: Impeachment and martial law

Yoon was impeached by the Opposition-controlled National Assembly on December 14 for imposing martial law, which lasted just six hours before being overturned by a parliamentary vote. His impeachment has temporarily suspended his presidential duties, with the Constitutional Court now deliberating whether to remove him from office or reinstate him. The court has 180 days from the date of impeachment to issue its ruling.

The martial law declaration, widely criticized as unconstitutional, was reportedly linked to conspiracy theories promoted by Yoon, alleging election fraud in the April parliamentary elections. The Democratic Party won those elections by a landslide, and the Election Commission has rejected Yoon’s claims of rigging, citing a lack of evidence.

Implications

The detention warrant represents a pivotal moment in South Korea’s political landscape, as it underscores accountability for presidential actions, even during a sitting term. With legal and political tensions running high, the case against Yoon Suk Yeol will likely shape South Korea’s governance and judicial precedents in the months ahead.

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