A Seoul court has approved a warrant to detain impeached South Korean President Yoon Suk Yeol. This development makes him the first sitting president in the nation’s history to face an arrest.
The warrant comes as part of an investigation into Yoon’s brief declaration of martial law on December 3, which lasted only six hours before being overturned by a parliamentary vote.
The Seoul Western District Court issued the detention warrant on Tuesday, citing charges of insurrection, abuse of power, and orchestrating the failed martial law declaration.
These charges stem from allegations that Yoon sought to use martial law to consolidate power, an act that has drawn widespread criticism and legal scrutiny.
The Corruption Investigation Office for High-ranking Officials (CIO) filed the warrant after Yoon ignored three summonses for questioning. According to Yonhap news agency, the anti-corruption agency had repeatedly asked for his cooperation in their probe but received no response.
With the court’s approval, the CIO now has 48 hours to take Yoon into custody and request a formal arrest warrant.
Despite the warrant, challenges remain in executing it. The Presidential Security Service has refused investigators entry into Yoon’s office and official residence, citing concerns over military security.
This standoff has raised questions about whether the law enforcement authorities can proceed without facing further obstacles.
While presidents in South Korea typically enjoy immunity from criminal prosecution, this privilege does not extend to charges of insurrection or treason. Legal experts have highlighted this distinction as key to the ongoing investigation.
The CIO, however, faces additional hurdles as Yoon’s legal team has argued that the agency lacks jurisdiction over insurrection cases. Under South Korean law, such cases fall primarily within the jurisdiction of the police.
CIO Chief Oh Dong-woon has asserted that court-issued detention or arrest warrants cannot be legally obstructed, even by a sitting president.
This statement has added pressure on Yoon, who has already been suspended from his duties following his impeachment by the National Assembly on December 14.
The impeachment vote, led by the opposition-controlled assembly, was in direct response to Yoon’s controversial martial law declaration.
The Constitutional Court is now reviewing the impeachment and will decide whether Yoon will be permanently removed from office or reinstated. The court has up to 180 days from December 14 to deliver its decision, leaving the nation in a state of uncertainty during this period.
The allegations against Yoon also include claims that he endorsed unfounded conspiracy theories about election fraud. His failure to provide evidence for these claims has further eroded public trust.
The Election Commission has categorically denied the allegations, stating that there is no basis to suspect fraud in April’s parliamentary elections, which saw a landslide victory for the Democratic Party.