South Korea issues arrest warrant for impeached president Yoon Suk Yeol

Unprecedented move against incumbent leader marks latest blow in spiralling political crisis

Supporters of impeached South Korean president Yoon Suk Yeol stage a rally near the presidential residence in Seoul on Tuesday. Photograph: Chung Sung-Jun/Getty Images
Supporters of impeached South Korean president Yoon Suk Yeol stage a rally near the presidential residence in Seoul on Tuesday. Photograph: Chung Sung-Jun/Getty Images

A South Korean court has approved an arrest warrant for President Yoon Suk Yeol, who was impeached by parliament on December 14th over his failed attempt to impose martial law in the east Asian country.

The move on Tuesday marked the first time in South Korea that an arrest warrant has been issued against an incumbent president.

The Seoul western district court also issued a search warrant for Mr Yoon’s residence, following a request from the Corruption Investigation Office for High-ranking Officials (CIO), which is investigating the president for treason and abuse of power.

The warrants came after Mr Yoon ignored the agency’s repeated summons for questioning, and was the latest blow in an escalating political crisis that has raised concerns about the health of democracy in Asia’s fourth-largest economy.

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Last week, opposition parties impeached acting president Han Duck-soo after he refused to appoint three justices to fill vacancies on the constitutional court, which is deliberating whether to remove Mr Yoon from office.

It remains unclear whether the CIO will carry out the warrants, which are valid until Monday. The agency said it planned to execute the warrants, but the president’s security service blocked a prior police attempt to raid his office following Mr Yoon’s impeachment under a law that bans searches of locations with state secrets without approval.

The presidential security service said on Tuesday that security measures would be taken according to the legal process.

Mr Yoon, who has denied wrongdoing, faces a criminal investigation into possible insurrection after he allegedly dispatched troops to the national assembly in an attempt to prevent lawmakers from rejecting his martial law decree.

His lawyers said they planned to file an injunction to the constitutional court to dispute the warrants’ validity and prevent his arrest, claiming that the martial law decree did not constitute insurrection.

Under South Korea’s constitution, the president has the privilege of immunity from criminal prosecution, but it does not extend to allegations of rebellion or treason.

“There is no reason [for Mr Yoon] to avoid an investigation. [He has] no intention to avoid or delay it,” one of the lawyers, Yoon Kap-keun, told reporters. “He will cope with it fairly and legally if legal procedures are followed no matter who the investigating institutions are.”

Prosecutors on Tuesday also indicted Lee Jin-woo, chief of the capital defence command, and Yeo In-hyung, head of the defence counter-intelligence command, for their alleged roles in Mr Yoon’s attempted power grab. Former defence minister Kim Yong-hyun was indicted last week.

Kweon Seong-dong, the acting leader of Mr Yoon’s ruling People Power party, said on Tuesday that detaining a sitting president was inappropriate, according to state-run Yonhap News.

The main opposition Democratic Party called for Mr Yoon to be detained immediately.

Mr Yoon has been suspended from his duties until the constitutional court makes a decision on whether to dismiss or reinstate him.

Finance minister Choi Sang-mok, who became acting president following Mr Han’s impeachment, said on Tuesday that he would appoint two justices to the constitutional court, one recommended by the ruling party and one by the opposition.

He said he would wait to fill the remaining vacancy until the parties reached agreement on a candidate.

In principle, seven justices are needed for the court to consider an impeachment and a minimum of six votes – the number of current sitting justices – are required to remove a president from office.

The court is supposed to reach a verdict by June, although that deadline limit is not binding. If Mr Yoon is removed from office, a presidential election must be held within 60 days. – Copyright The Financial Times Limited 2024