The South Korean Prosecutor’s Office has charged President Yoon Suk-Yool on Sunday, accused of leading an insurrection by decreeing on December 3, the martial law in the country, according to Yonhap news agency. Yoon, who was provisionally dismissed by Parliament in mid -December by the declaration of this extreme measure, also faces a political trial and is waiting for the Constitutional Court to rule if it restores its powers or definitively deposes it as head of the head of the State. It also has detained since January 15 by the anti -corruption authorities. The step taken this Sunday by the Prosecutor’s Office makes him the first leader in exercise – technically, he continues to be – to be charged under arrest.
Yoon is accused of conspiring with the former Minister of Defense, Kim Yong-Hyun, and other allies to incite an insurrection, declare an unconstitutional and illegal state of emergency. Everything, despite the absence of evidence, armed conflict or national crisis comparable to these circumstances. It is the first time in the democratic history of the Asian nation that a president is charged with insurrection charges. The key to this accusation is that the privilege of presidential immunity does not extend to this crime, which is punishable by life imprisonment or the death penalty, although there is a moratorium on the latter since 1997.
He is also accused of having deployed military forces in Parliament with the aim of preventing legislators from voting against the declaration of martial law, as well as planning the arrest and arrest of high -level political figures, among which which which The president of Parliament, the leaders of the main parties (including theirs) and several officials of the agency responsible for the supervision of the elections.
His lawyers have excused him this Sunday in a statement: “The declaration of the Martial Emergency Law by the President was a desperate call to public opinion before the national crisis that has caused the opposition.”
The imputation arrives a day before Yoon’s arrest period, arrested on January 15 by the Office of Corruption Research of High officials (OICAF). This agency, which has been in charge of leading the investigation against Yoon, transferred on Thursday the case to the Prosecutor’s Office, since the agency does not have legal power to impute a president. According to the South Korean law, a suspect must be released if it is not imputed before the end of his detention period.
The Prosecutor’s Office, who has not yet been questioned to Yoon, after he refused, had requested to extend the arrest. A Seoul court, however, has twice rejected the request. The team of prosecutors that has been at the head of the case said, after carrying out an exhaustive analysis of the evidence, which imputs the accused was the most appropriate. However, they must still prove their guilt in the trial. They have not yet had the opportunity to interrogate him.
Yoon also faced accusations of abuse of power. These positions, however, were dismissed, since a president in exercise enjoys immunity for any imputation that is not related to insurrection or rebellion. However, prosecutors have decided to charge it for the position of leading an insurrection: “exists”, they argue, “a risk of destruction of evidence,” says Yonhap.
The president’s office has condemned the imputation, which he has described as illegal and fraudulent, while the ruling party of popular power has asked the Prosecutor’s Office to accounts for the legal and political consequences of what they have described as a “defective and imputation unfair. ” For its part, the main opposition party, the Democratic Party, has urged Yoon to collaborate with prosecutors in the development of the trial.
