A South Korean court has issued warrants for the detention of impeached President Yoon Suk Yeol and authorised searches of his office and residence.
These actions are part of an investigation into Yoon’s six-hour martial law declaration, which has been labelled as a potential act of rebellion, a charge that could lead to life imprisonment or even the death penalty under South Korean law.
The Corruption Investigation Office for High-Ranking Officials, leading the probe in coordination with police and military authorities, announced that the Seoul Western District Court approved the warrants on Tuesday. However, experts believe that Yoon’s detention or the execution of searches is unlikely unless he is formally removed from office.
Yoon’s impeachment by the opposition-dominated National Assembly on December 14 has suspended his presidential powers. Despite this, his immunity as president still protects him from most criminal prosecutions, except for charges of rebellion or treason.
The martial law decree, which mobilised troops and police in Seoul, caused significant political upheaval, disrupting high-level diplomacy and financial markets. Yoon has defended his actions, claiming they were part of legitimate governance and accusing the opposition Democratic Party of being “anti-state forces” working to undermine his administration.
“The Democratic Party is using its majority to destabilise the government,” Yoon stated in his defence.
The Constitutional Court is expected to decide whether Yoon will remain in office or be permanently removed. Until then, Yoon has shown resistance to the warrants, previously ignoring requests to appear for questioning. His security detail has also blocked prior attempts to search his office and residence, citing laws protecting locations containing state secrets.
A lawyer representing Yoon dismissed the anti-corruption agency’s actions, arguing that it lacks jurisdiction over rebellion cases. Meanwhile, the agency has indicated it has no immediate plans to enforce the warrants.
Choi Jin, Director of the Seoul-based Institute of Presidential Leadership, described the improbability of detaining Yoon without his cooperation. “Should investigators have hand-to-hand fights with the security service?” he questioned.
Nevertheless, the warrants could serve as a symbolic gesture, with investigators potentially visiting Yoon’s residence to demonstrate their diligence. Political consultant Park Sung-min suggested that the move might be aimed at pressuring Yoon into cooperating.
The situation mirrors that of former President Park Geun-hye, who was impeached in 2017 over a corruption scandal. Park initially refused to meet with prosecutors but was later arrested after her removal from office.
Yoon’s martial law declaration, unanimously overturned by lawmakers, has already led to the arrests of several officials, including his defence minister, police chief, and military commanders. Testimony from military leaders, such as Kwak Jong-keun of the Army Special Warfare Command, has contradicted Yoon’s defence.
According to Kwak, Yoon instructed soldiers to “quickly knock down the door and drag out the lawmakers who are inside,” an order that Kwak refused to execute.
The political crisis has deepened with the impeachment of acting President Han Duck-soo over his refusal to appoint three Constitutional Court justices, a decision that could influence the court’s ruling on Yoon’s case. The deputy prime minister and finance minister, Choi Sang-mok, has since stepped in as the interim head of government.
As South Korea awaits the Constitutional Court’s decision, the nation remains divided over Yoon’s actions and their implications for the country’s democratic processes.
