Seoul court approves detention of impeached President Yoon Suk Yeol over martial law charges

SOUTH KOREA: A Seoul court on Tuesday (31 Dec) approved a request to detain impeached President Yoon Suk Yeol, making him the first sitting South Korean leader to face arrest. The decision by the Seoul Western District Court follows Yoon’s alleged orchestration of a martial law declaration, reportedly aimed at consolidating power.

The court issued the detention warrant on charges of insurrection, abuse of power, and masterminding the failed 3 December martial law declaration, which was swiftly overturned by a parliamentary vote six hours later.

According to sources, the Anti-Corruption and Civil Rights Commission (CIO) filed the warrant after Yoon ignored three summonses to appear for questioning.

The warrant grants the CIO 48 hours to detain Yoon and submit an arrest warrant. However, the Presidential Security Service has obstructed investigators from entering the presidential office and official residence, citing military security concerns. This has cast doubt on whether the order can be effectively executed.

Oh Dong-woon, head of the CIO, asserted that detention or arrest warrants issued by a court cannot legally be blocked, even by the president. However, Yoon’s defence team contests the CIO’s jurisdiction over insurrection cases, arguing that investigative authority lies with the police under current laws.

Despite holding presidential immunity from prosecution, Yoon’s immunity does not cover charges of treason or insurrection. Legal experts suggest this exception clears the way for further legal actions, although execution remains fraught with procedural and political challenges.

The case has sparked significant legal and political debate. Yoon was suspended from his duties after the National Assembly, controlled by the opposition, voted to impeach him on 14 December. The Constitutional Court is reviewing the impeachment and has until 11 June 2024 to decide whether to uphold it or reinstate Yoon.

Yoon’s declaration of martial law on 3 December was reportedly intended to quell growing dissent over his administration’s policies. However, the move drew swift condemnation from political opponents and civic groups, culminating in its reversal through legislative intervention.

This dramatic turn of events places South Korea’s democratic institutions under intense scrutiny as they navigate uncharted legal and constitutional territory. If the warrant is executed, it would represent a significant precedent in South Korean political and judicial history.