The political crisis in South Korea worsens after the approval this Tuesday of a temporary arrest order against President Yoon Suk-yeol, who on December 3 declared martial law in the country for six hours. The president has been suspended from office since the 14th, after the National Assembly (Parliament) voted in favor of an impeachment motion, and has been accused of insurrection and abuse of power. Yoon, who denies these accusations, has refused to appear in response to repeated requests from the body in charge of investigating the case. This Tuesday, he became the first sitting leader in South Korean democratic history to face the possibility of being detained.
The Seoul Western District Court issued the arrest warrant for Yoon on Tuesday morning at the request of the Office for Corruption Investigations of High-ranking Officials (CIO). Yoon, who is accused of masterminding the failed declaration of the extreme measure, orchestrating an insurrection and abusing his power, has ignored three subpoenas for questioning by the CIO. After obtaining the court order, this office has 48 hours to detain and interrogate him. During this period, you can request an extension of the arrest if it is necessary to continue with the investigations. According to local media, the order obtained is valid for one week and it has not yet been decided when it will be executed.
The Presidential Security Service has repeatedly blocked search attempts by investigators at both the presidential office complex and Yoon’s official residence, citing national security concerns. As reported by the CIO, the court has also authorized the search of his home this morning, which increases pressure on the conservative leader.
Yun Gap-geun, one of Yoon’s legal representatives, has assured in statements reported by the Yonhap news agency that the arrest and search warrants are “illegal and invalid” because, technically, the CIO has “no right to investigate.” ” on charges of insurrection, since they depend on the Prosecutor’s Office. Yoon’s lawyers have announced that they will seek a court order to vacate the arrest warrant.
Presidential immunity
Despite his presidential immunity from most criminal proceedings, this privilege does not extend to charges of insurrection, a crime that in South Korea carries life imprisonment or capital punishment (on which there has been a moratorium since 1997). ) for those found guilty of organizing such a revolt.
Yoon has been momentarily stripped of his functions until the Constitutional Court decides, between now and June, whether to restore his powers or permanently depose him. The ruling could set a decisive precedent in the country. The South Korean politician, former attorney general of the nation, has rejected the charges of insurrection that have been brought against him and has defended his actions as an “act of government” in the face of what he considers an abuse of legislative power by the opposition. , which controls Parliament and has not allowed its Government (in power since 2022) to pass many laws. If the Constitutional Court finally approves his dismissal, new elections must be called within 60 days.
The news of his possible arrest comes four days after his replacement, Prime Minister Han Duck-soo, was also removed under the same motion process, accused of being “complicit” with Yoon for refusing to approve the appointments. of the three vacant seats in the Constitutional Court. It was the first time that the Asian nation approved starting a political trial against an interim president. Now, South Korea’s highest court must also rule on whether to permanently suspend Han from his duties.
Since Friday, Choi Sang-mok, the current Minister of Finance and next Cabinet member in the presidential line of succession, has been leading the country. He has been in charge of managing Sunday’s tragedy, in which 179 of the 181 people on board a flight that burst into flames after leaving the runway and colliding with an embankment and the concrete structures that delimit the airport perimeter died. Muan International Airport (South Korean province of South Jeolla, in the southwest).
South Korea has been mired in uncertainty since, on the night of December 3, Yoon Suk-yeol surprised the world by declaring martial law. The announcement revived in many the memory of a dark military past that weighs on what is today considered one of the most solid democracies in Asia. The president justified the decision by accusing the opposition of controlling Parliament, engaging in anti-state activities and sympathizing with North Korea. The measure was immediately met with the majority rejection of opposition politicians and his own party. The Assembly managed to end martial law in the following hours with an extraordinary vote held at dawn while the military, who were carrying out orders from the head of state, tried to access the chamber and interrupt the session. Those shocking images went around the world.
In the following days, citizens took to the streets with numerous protests and marches to the seats of South Korean power, while the opposition tried to force Yoon’s fall and the Government tried to control the storm. The initiative to overthrow the head of state went ahead on the second attempt, after his party boycotted the first vote. Yoon’s detention, if carried out, could deepen political polarization in a country facing not only internal divisions but also growing economic and geopolitical challenges in the region.