A South Korean court has approved an arrest warrant for the country’s suspended president, Yoon Suk Yeol, who was impeached following his controversial decision to impose martial law earlier this month, according to investigators.
Yoon’s decision to declare martial law on December 3rd triggered a major political crisis, plunging South Korea’s economy into turmoil and raising concerns in Washington. The order was rescinded just six hours later after MPs forced their way into parliament and voted to overturn it.
The Corruption Investigation Office confirmed that a court in Seoul had approved the arrest and search warrants. However, it remains unclear whether police will be able to carry out the arrest.
“The arrest warrant and search and seizure warrant for President Yoon Suk Yeol were issued this morning,” said the Joint Investigation Headquarters in a statement.
Yoon’s lawyer, Yoon Kab-keun, condemned the move, calling the warrants “illegal and invalid,” as they were requested by an agency without investigative authority.
In response, investigators raided the army’s counterintelligence offices as part of the growing investigation into the martial law order. “The emergency martial law investigation team of the Corruption Investigation Office is conducting a search and seizure operation at the Counterintelligence Command this afternoon,” the investigators said.
Yoon has refused to cooperate with the investigation into his martial law decision. He has not reported for questioning regarding allegations of abuse of authority and orchestrating a rebellion, and his presidential security service has blocked court-ordered searches of his office and residence.
The president also faces charges of insurrection, a crime punishable by life imprisonment or the death penalty, and one of the few charges from which a South Korean president does not have immunity.
An official from the Corruption Investigation Office explained that Yoon’s refusal to cooperate led to the warrant request. “The reason for the warrant is the concern that he may refuse to comply with summons without justifiable reasons, and there is sufficient probable cause to suspect the commission of a crime,” the official said.
The arrest warrant is valid until January 6th. Yoon could be held at a police station or the Seoul detention center. However, reports suggest that an arrest or search of his residence is unlikely at this stage, as investigators would need to coordinate with the presidential security service. Under South Korean law, locations linked to military secrets cannot be searched without the consent of the person in charge, and it is unlikely that Yoon would voluntarily leave his residence if faced with arrest.
This is the first time an arrest warrant has been issued for an incumbent South Korean president, according to local media.
Police were deployed outside Yoon’s residence in central Seoul on Tuesday to prevent unrest. Yoon’s supporters and protesters calling for his removal clashed near the residence, with media showing altercations between the two sides overnight.
“Unless Yoon voluntarily allows them to detain him, there’s no way to detain him,” said Choi Jin, director of the Institute of Presidential Leadership in Seoul. “Should investigators engage in physical confrontations with the security service?”
Choi added that investigators are still likely to visit Yoon’s residence to demonstrate that they are diligently carrying out their work.
Park Sung-min, president of MIN Consulting, a political consulting firm in Seoul, said the push for an arrest warrant was likely an attempt to pressure Yoon into cooperating with the investigation.
Kweon Seong-dong, acting leader of the ruling People Power Party, said on Tuesday that attempting to detain a sitting president was inappropriate, according to Yonhap news agency.
Yoon’s presidential powers were suspended after the national assembly impeached him on December 14th for imposing martial law. The constitutional court has 180 days to decide whether to confirm the impeachment or reinstate Yoon. His two and a half years in office have been marked by scandal and policy deadlock.
The martial law order triggered weeks of political and market turmoil. Yoon’s replacement, Han Duck-soo, was impeached last week for refusing to approve bills that would facilitate the investigation into his predecessor.
Han’s successor, interim president Choi Sang-mok, had been in office for only two days when he was confronted with the fatal plane crash at Muan International Airport, South Korea’s worst aviation disaster.
In a New Year’s address on Tuesday, Choi called for national unity and trust in the government. “The Republic of Korea is in an unprecedentedly serious situation,” he said in a written statement, citing global trade, diplomacy, and security changes, along with domestic political uncertainty.
“The government will do its best to stabilize state affairs in all areas of defense, diplomacy, the economy, and society so that the people can feel at ease,” he added.
