South Korean President Yoon Suk-yeol Faces Arrest Warrant Over Martial Law Declaration

impeached President Yoon Suk-yeol

The Seoul Western District Court issued an arrest warrant on Tuesday for impeached President Yoon Suk-yeol, marking the first time a sitting South Korean president faces potential detention. The warrant stems from Yoon’s controversial and brief imposition of martial law on December 3, which has thrown the nation into its most severe political crisis in decades.

The Joint Investigation Headquarters, comprising the Corruption Investigation Office for High-ranking Officials (CIO), police, and Ministry of Defence officials, initiated the request for Yoon’s arrest. The president is accused of insurrection and abuse of power, crimes for which he does not enjoy immunity while in office.

The Controversial Martial Law

Martial law is a temporary imposition of direct military control over civilian functions, typically during emergencies. On December 3, Yoon’s declaration of martial law was reportedly intended to address escalating political unrest and public dissent. However, critics argue that the measure was a blatant overreach, violating democratic principles and constitutional safeguards.

The move led to widespread protests, opposition from lawmakers, and allegations of a coup attempt. Under South Korean law, martial law must be approved by the National Assembly within 72 hours, but Yoon’s declaration was swiftly annulled amidst backlash.

Yoon’s impeachment by the National Assembly on December 14 followed the martial law controversy. The vote passed overwhelmingly, 204-85, effectively suspending him from his duties. With acting president Han Duck-soo also impeached last Friday, presidential authority now lies with Deputy Prime Minister and Finance Minister Choi Sang-mok, intensifying the nation’s political instability.

While the court has approved Yoon’s arrest warrant, logistical and legal hurdles remain. The Presidential Security Service has pledged to follow legal procedures, but Yoon’s security detail has previously resisted investigative actions, complicating immediate enforcement.

Deputy Prime Minister and Finance Minister Choi Sang-mok

Yoon’s legal team, led by lawyer Yun Gap-geun, dismissed the warrant as “illegal and invalid,” arguing that the CIO lacks jurisdiction over insurrection cases. They plan to challenge the warrant’s validity at the Constitutional Court.

If detained, authorities will have 48 hours to decide whether to request further detention or release Yoon. Speculation suggests his arrest may not be immediate, as authorities coordinate with the presidential security service.

Potential Consequences

Yoon faces the possibility of life imprisonment or the death penalty if convicted of rebellion or treason. These charges stem from his unprecedented martial law declaration, an act critics view as an assault on South Korea’s democracy.