Prosecutors to issue second summons after President Yoon Suk Yeol fails to appear for questioning

According to a report by Yonhap, South Korea’s joint investigation unit announced plans to summon President Yoon Suk Yeol this week for questioning over allegations of insurrection and abuse of power.

The unit, comprising the police, the Corruption Investigation Office for High-ranking Officials (CIO), and the defence ministry’s investigative body, has requested Yoon’s presence on Wednesday (18 Dec) in connection with his failed martial law declaration earlier this month.

Yoon is accused of being the ringleader of an alleged insurrection tied to his martial law declaration on 3 December. The joint team’s request adds to the ongoing investigation by prosecutors into Yoon’s use of martial law to suppress opposition and detain lawmakers.

This development follows South Korean prosecutors’ announcement on Sunday that they would issue a second summons to Yoon after he failed to comply with an earlier request for questioning.

The summons, delivered to Yoon’s office last Wednesday, asked him to appear at the Seoul Central District Prosecutors Office on Sunday at 10 a.m. Yoon did not attend the session.

Yoon is the first sitting president in South Korean history to face a summons from prosecutors. Previous presidents have been questioned only after leaving office or, in Park Geun-hye’s case, after impeachment.

Prosecution officials had earlier declined to comment on Yoon’s reasons for non-compliance while Yoon reportedly informed prosecutors he had not yet secured legal representation, reportedly seeking advice from former prosecutor Kim Hong-il and other legal experts.

In a televised address last Thursday, Yoon defended his actions, stating that the martial law declaration was a necessary use of presidential authority to counter what he described as opposition efforts to paralyse the government.

Yoon asserted that his decision was beyond legal scrutiny and pledged to fight impeachment or investigation efforts.

Possible arrest looming if summons is ignored

Prosecutors warned that if Yoon fails to comply with the second summons, they may consider seeking an arrest warrant.

Under South Korean law, an arrest warrant can be issued if prosecutors have sufficient evidence of a crime and the suspect does not cooperate without valid reasons. However, prosecution officials stated they would adhere to due process and declined to speculate on an arrest scenario.

Yoon is accused of unconstitutional and unlawful actions, including ordering military commanders to dispatch troops to the National Assembly and detain key political figures.

His actions are under scrutiny for potentially staging an insurrection. The president is currently under a travel ban and remains suspended from office following his impeachment.

Impeachment proceedings

The South Korean National Assembly impeached Yoon on Saturday, 14 December, following a revised motion introduced by the opposition Democratic Party (DP) and five smaller parties. The second impeachment motion accused Yoon of violating the Constitution and issuing martial law orders that resulted in arrests of lawmakers.

This impeachment effort comes after a first attempt failed on 7 December when ruling People Power Party (PPP) lawmakers boycotted the vote. The new motion removed some charges but added allegations that Yoon ordered military and police forces to prevent lawmakers from repealing martial law on 4 December.

The Constitutional Court now has up to 180 days to rule on Yoon’s impeachment. If upheld, Yoon will be the second president removed from office in South Korea’s history, following Park Geun-hye’s impeachment in 2017. In the interim, Prime Minister Han Duck-soo is serving as acting president.

Investigation into military involvement

Investigators are also questioning senior military commanders about their roles in the martial law incident.

Lt. Gen. Lee Jin-woo, Capital Defence Commander, and Lt. Gen. Kwak Jong-keun, Army Special Warfare Commander, testified that Yoon had ordered them to forcibly remove lawmakers from the parliament building during the early hours of 4 December.

If the Constitutional Court overturns Yoon’s impeachment, he could return to office, but if it upholds the decision, a snap presidential election will be triggered within 60 days.