Mr. Yoon may be arrested
Yonhap news agency yesterday reported that Mr. Yoon Suk Yeol continued to ignore the summons of the investigation agency related to the declaration of martial law on December 3. The prosecution and the police’s joint investigation team, the Corruption Investigation Office (CIO) and the South Korean Ministry of National Defense have opened separate criminal investigations into Mr. Yoon and others. people involved in the declaration of martial law. Mr. Yoon was accused of rebellion and abuse of power for unconstitutional purposes. He was also banned from leaving the country and suspended from his position after the Korean National Assembly passed an impeachment resolution on December 14.
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Due to intentionally not complying with the summons, the investigation agencies are considering the possibility of applying for an arrest warrant if Mr. Yoon continues to be stubborn. According to The Korea Herald, the criminal law allows investigative agencies to apply for an arrest warrant from the court if there is reason to believe the suspect has committed a crime and fails to comply with the summons without a reasonable reason.
Mr. Yoon Suk Yeol spoke on December 14
On December 17, Mr. Yoon’s lawyer Seok Dong-hyun said it was very inappropriate for the investigative agency to summon a sitting president. On December 18, the Presidential Security Agency also prevented investigators from checking where the server system was located at the presidential office. Mr. Yoon faces life imprisonment, or even the death penalty if found guilty, according to AFP.
Self-defense
The criminal investigation took place while the Korean Constitutional Court was also considering an impeachment resolution against President Yoon. Yesterday, the court asked Mr. Yoon to provide the text of the martial law decree and the minutes of two cabinet meetings before and after its proclamation.
Meanwhile, lawyer Seok said that President Yoon will defend himself in the upcoming impeachment trial. “I expect the president will present his arguments and give clearer testimony than the lawyers. The president will confidently present his views in court,” Mr. Seok said. Mr. Yoon has 27 years of experience as a prosecutor and once held the position of Chief Prosecutor of Korea. Observers believe that the leader’s willingness to defend himself shows his belief that the action on December 3 was valid. In his speech before being impeached by the National Assembly, Mr. Yoon affirmed that the president’s right to declare martial law is a legitimate administrative act like the power of amnesty and diplomatic power.
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Political science professor Choi Chang-ryul at Yong In University (South Korea) told the newspaper The Korea Times that Mr. Yoon’s self-defense appears to be an act to gather support but will not affect the court’s decision. Law professor Chung Tae-ho at Kyung Hee University (Korea) said defending yourself is not easy and even famous lawyers when prosecuted must rely on their own legal team. “It is unrealistic to think that being a long-time prosecutor will automatically help someone defend themselves effectively in court,” Mr. Chung commented.
The court will have the first preliminary hearing on December 27, but Mr. Yoon is not required to be present. If the court agrees with the parliament’s position, President Yoon will be deposed and a new election will take place within the next 60 days. On the contrary, he will be restored to his position.
