South Korea seeks arrest of President Yoon Suk Yeol over martial law declaration

South Korea’s Joint Investigation Team announced on 30 December that it has sought an arrest warrant for President Yoon Suk Yeol on charges of insurrection and abuse of power. The warrant request, filed with the Seoul Western District Court, marks the first time a sitting president in the nation faces arrest. The charges stem from Yoon’s short-lived martial law declaration on 3 December 2023, when he allegedly ordered military forces to prevent lawmakers from convening and voting down his decree. Yoon had ignored three summonses for questioning by investigators prior to the warrant request.

Allegations of Insurrection

The joint team, comprising the Corruption Investigation Office for High-ranking Officials (CIO), police, and the Defence Ministry’s investigation unit, accuses Yoon of directing military commanders to storm the National Assembly. A prosecutors’ report dated 28 December alleges that Yoon authorised the use of lethal force, with specific orders to breach parliamentary doors and remove lawmakers forcibly. In one documented exchange, Yoon reportedly instructed military officers to “break down the door and drag them out, even if it means shooting,” targeting those within the legislative chamber.

Political Fallout

The impeachment of Yoon on 14 December by the National Assembly triggered a chain reaction of political turmoil. Initially, acting President Han Duck-soo assumed leadership. However, on 27 December, Han was also impeached in a landslide 192-0 vote by the National Assembly, leaving Finance Minister and Deputy Prime Minister Choi Sang-mok as the interim leader. Han’s impeachment was spearheaded by the opposition Democratic Party (DP), citing his alleged role in obstructing judicial appointments and aiding Yoon’s controversial martial law declaration. Han’s refusal to promulgate two special counsel bills targeting Yoon and First Lady Kim Keon Hee was also cited as a key factor.

Defence and Rebuttals

Yoon has consistently denied the allegations, describing his actions as an “act of governance” to counteract what he deemed the opposition party's legislative overreach. His legal team, led by Yun Gap-geun, plans to submit formal responses to the arrest warrant request. “It’s a request by an agency that does not have the authority to investigate insurrection charges,” Yun argued, questioning the CIO's jurisdiction.

Broader Implications

The dual impeachment of South Korea’s president and acting president has left the nation grappling with a leadership vacuum. Interim leader Choi Sang-mok faces the daunting task of stabilising the government amidst ongoing political chaos and public discontent. The Constitutional Court now has 180 days to decide on Yoon’s impeachment. If upheld, Yoon will become South Korea’s second president to be removed from office via impeachment, following Park Geun-hye in 2017. This unprecedented period underscores the fragility of South Korea’s political stability and highlights the nation’s commitment to accountability, even at the highest levels of leadership.