A South Korean court has authorized an arrest warrant for impeached and suspended President Yoon Suk Yeol, investigators reported on Tuesday, due to his brief attempt to enforce martial law.
On December 3, Yoon temporarily halted civilian governance, leading South Korea into its most severe political crisis in many years.
Parliament removed him from his presidential responsibilities due to the act, but a constitutional court decision is awaited to determine if the impeachment will be upheld.
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“The arrest warrant and search warrant… were issued this morning,” stated the Joint Investigation Headquarters in a statement.
The conservative leader is confronted with criminal charges related to insurrection, potentially leading to a life sentence or even execution.
Investigators examining Yoon regarding his martial law declaration sought the warrant on Monday after he missed a third scheduled questioning.
A Corruption Investigation Office official informed reporters on Tuesday, “There is worry that the person might not adhere to the summons without valid reasons.”
The official stated there was “adequate probable cause” to suspect a crime had been committed, noting the warrant is valid until January 6, and Yoon is expected to be detained at the Seoul detention center.
Yoon’s attorney described the warrant as “unlawful and void,” claiming that the investigators did not have the power to investigate the president.
“The arrest warrant and search and seizure warrant requested by an agency lacking investigative authority are deemed illegal and void,” stated lawyer Yoon Kab-keun in a message to AFP.
He stated that his client was innocent of insurrection, noting there was no desire to disturb “the constitutional order” or to initiate “an uprising”.
Yoon Suk Yeol’s attorneys stated they would seek a court order to nullify the warrant.
On Tuesday, investigators conducted a raid at the army’s Counterintelligence Command offices and charged two high-ranking commanders with offenses they claimed were associated with insurrection and misuse of power.
– Capture? –
By Tuesday mid-afternoon, hundreds of individuals had assembled in front of the president’s residence, mostly his backers waving South Korean flags and shouting: “Martial law is lawful! “Impeachment is void!”
A significant police presence was deployed to the area, with officers seen yelling at protesters to maintain their order.
“An official from the largest protest group backing Yoon Suk Yeol stated, ‘As many as 3,000 individuals will gather to protest the unjust and illegitimate arrest warrant.'”
Although a warrant has been issued, it remains uncertain if police and investigators can carry it out.
The Presidential Security Service (PSS) has earlier declined to adhere to three search warrants.
Nonetheless, attorney Yun Bok-nam, president of Lawyers for a Democratic Society, informed AFP that although rejecting a search warrant has a legal foundation, “there is no corresponding provision for arrest warrants.”
“I anticipate the (arrest) process will go along without any issues,” he remarked.
Local media indicated that a quick arrest or search of the presidential residence was improbable as investigators aimed to coordinate with the PSS.
From a legal standpoint, any person hindering the implementation of an arrest warrant might be apprehended.
– Collaborative investigation –
Yoon Suk Yeol is under investigation by prosecutors and a collaborative group that includes police, defense ministry, and anti-corruption officials.
A 10-page report from prosecutors, reviewed by AFP, indicated that he permitted the military to use force if necessary to gain access to parliament during his unsuccessful attempt at imposing martial law.
The report indicated that there were signs he had begun conversations about declaring martial law with high-ranking military officials as early as March.
Yoon Suk Yeol’s attorney had earlier rejected the prosecutors’ report, stating to AFP that it was “a biased narrative that neither reflects objective conditions nor common sense.”
In a surprise televised announcement on December 3, the suspended president imposed martial law, stating it was intended to remove “anti-state elements.”
Lawmakers hurried to parliament shortly after the announcement to reject it.
Simultaneously, well-armed forces invaded the structure, climbing fences, breaking windows, and arriving by helicopter.
Last week, South Korea’s political crisis intensified as Han Duck-soo, who succeeded Yoon Suk Yeol, was impeached by parliament for not signing bills related to investigations against him.
Finance Minister Choi Sang-mok has assumed the role of acting president and has been plunged right into a crisis following the Jeju Air plane crash on Sunday that resulted in 179 fatalities.
