South Korea’s Legal Storm: Arrest Warrant Issued for Impeached President Yoon

A court in South Korea has issued an arrest warrant for the suspended president Yoon Suk Yeol regarding his attempt to enforce martial law on 3 December.

This warrant follows Yoon’s disregard for three summonses to attend questioning over the past fortnight while he is under investigation for power abuse and instigating an uprising.

Yoon’s legal representatives have labeled the warrant as “unlawful and void” and expressed intentions to contest it in court.

Since the brief declaration of martial law, South Korea has experienced a political crisis, with Yoon and a successor both facing impeachment from the opposition-controlled parliament.

Yoon is the first serving president in South Korea to encounter an arrest possibility.

Investigators have until 6 January to carry out the warrant authorized by a court in Seoul and may request an extension.

However, it remains uncertain whether investigators will succeed in executing the warrant, as they might be obstructed by his security detail and demonstrators.

Previously, the presidential security service had prevented investigators from entering both the presidential office premises and Yoon’s private residence to conduct court-sanctioned searches.

In the past, authorities in South Korea have abandoned attempts to arrest prominent politicians when their aides and supporters have physically impeded the police.

On Monday, Yoon’s legal team asserted that investigators lacked the power to detain him since declaring martial law falls within the president’s constitutional powers.

Yoon had previously defended his choice to impose martial law and pledged to “resist until the end” – nevertheless, he also mentioned that he would not shun his legal and political duties.

His lawyer, Yun Gap-geun, explained that Yoon’s noncompliance with the previous three summonses stemmed from “reasonable concerns”.

Yoon’s location is currently undisclosed, yet he has been prohibited from leaving the nation.

Although he has been suspended from presidential responsibilities since 14 December following lawmakers’ impeachment vote, he can only be removed from office if his impeachment is ratified by the country’s constitutional court.

Presently, there are only six judges on the nine-member bench of the constitutional court. Thus, a single rejection could protect Yoon from removal.

Opposition legislators were hopeful that the appointment of three additional judges would enhance the likelihood of Yoon’s impeachment, but their proposal was blocked by Prime Minister Han Duck-soo last week.

Since then, the opposition has voted for Han’s impeachment, who took on the role of acting leader following Yoon’s suspension.

Currently, they are threatening to do the same to finance minister Choi Sang-mok, who is serving as both acting president and acting prime minister.

On Tuesday, Choi appointed two new judges but stated that a third appointment would necessitate agreement from both opposition and ruling parties.

Additional reporting by Kelly Ng