South Korea’s Impeached President Detained On Insurrection Charges

Topline

Impeached South Korean President Yoon Suk Yeol was detained by law enforcement authorities from his official residence in Seoul early Wednesday—becoming the first ever sitting president to be taken into police custody—as he faced questioning on insurrection charges stemming from his failed attempt to impose martial law in the country in December.

Key Facts

South Korea’s Corruption Investigation Office for High-ranking Officials (CIO) told national news outlets that a joint probe team successfully detained Yoon at 10:33 a.m. local time.

Thousands of law enforcement officials were deployed to detain him and, according to the Korea Herald, they had to get through at least three sets of barricades set up by presidential bodyguards, who had prevented an earlier attempt to detain Yoon.

Presidential guards had been warned ahead of time that attempts to obstruct police and investigators could lead to their arrest.

In a video message to his supporters, Yoon said he had chosen to appear before the investigators for questioning to prevent any “bloodshed” between police and the presidential guards.,

In his message, Yoon continued to dismiss the investigation into him as “illegal” and said the warrant issued against him was “invalid.”

According to Reuters, the warrant used to search Yoon’s premises described the impeached president as the “ringleader of insurrection.”

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Chief Critic

In his video message, Yoon said: “The rule of law has completely collapsed in this country…Although I am facing these disadvantages, I sincerely hope that no citizen will ever have to endure such injustices when dealing with criminal cases in the future.” He added: “As the president, who is responsible for upholding the constitution and legal system of the Republic of Korea, my decision to comply with such illegal and invalid procedures is not an acknowledgment of them, but rather a willingness to prevent unfortunate and bloody incidents.”

What To Watch For

The Corruption Investigation Office has 48 hours to question Yoon and decide if it wants to formally request a court to issue an arrest warrant for the impeached leader or set him free. If he is arrested, Yoon could be held by the investigators for up to 20 days.

Tangent

Yoon’s detention on Wednesday comes nearly two weeks after a failed attempt to do so. Police and anti-corruption officials attempted to detain Yoon on January 3 but were unable to do so after a five-hour standoff in which they were outnumbered by agents from the Presidential Security Service, South Korea’s equivalent of the Secret Service.

Key Background

In early December, Yoon announced in a televised speech he was imposing emergency martial law, accusing members of the opposition of “anti-state activities.” In his speech, Yoon said the move was being taken to “defend the free Republic of Korea” from “North Korean communist forces and to eradicate the shameless pro-North Korean anti-state forces” to “protect the free constitutional order.” The move faced immediate pushback from opposition lawmakers and triggered widespread public protests. The South Korean National Assembly—where the opposition Democratic Party holds a large majority—quickly voted to lift the martial law order. A few days after the martial law attempt, Yoon apologized to the country in a televised address saying he was “deeply sorry” for causing “anxiety and discomfort to the people” with his order. He also added: “I will not avoid legal and political responsibility in relation to this declaration of martial law.” The more than two-thirds of the National Assembly’s members voted to impeach Yoon on December 14. Under Korean law, a sitting president is immune from criminal prosecution on all matters except for leading an insurrection or acts of treason. Yoon’s powers and duties have been suspended since his impeachment and he is likely to face charges of insurrection and abuse of power.

Further Reading

South Korea Imposes Travel Ban On President As He Faces Insurrection Allegations (Forbes)

What To Know About South Korea’s Martial Law—As Yoon Says He Will End It (Forbes)