Kang Yong-suk during an interview with JAPAN Forward (©Kenji Yoshida)
Cheers erupted near the presidential residence in Seoul on January 3 as authorities failed to arrest President Yoon Suk-yeol.
For the first time in South Korean history, an arrest was attempted against a sitting chief executive. The Corruption Investigation Office for High-ranking Officials had secured a warrant over Yoon's abortive martial law declaration of early December.
The dramatic turn of events came as the nation faced unprecedented political turmoil. Impeached by parliament on December 14, Yoon's fate now lies in the hands of the Constitutional Court. He also faces heavy-handed investigations into spearheading an insurrection — a crime punishable by life imprisonment or death under local law.
Amid widespread uncertainty, a wave of pro-Yoon supporters has taken to the streets of Seoul, denouncing the impeachment as illegitimate. They contend that Yoon's martial law decree was necessary to counter the opposition's legislative stranglehold and passage of critical bills with minimal oversight.
In an interview with JAPAN Forward, attorney and prominent conservative pundit Kang Yong-suk offered his insights on the unfolding developments. A former parliamentarian, Kang has helped mobilize the pro-Yoon camp behind the scenes. His YouTube channels, where he regularly communicates with the president's core base, command over 900,000 subscribers.
Excerpts follow.
A Power Clash
An arrest was attempted against President Yoon. What are your thoughts?
First, the Corruption Investigation Office for High-ranking Officials (CIO), an investigative agency that sought the warrant, lacks jurisdiction to probe the president's insurrection charges. Its authority is strictly limited to investigating high-ranking officials for crimes such as bribery, corruption, and abuse of power. To circumvent this, the CIO has framed its investigation around the president's abuse of authority as a pretext to pursue insurrection charges. This is jurisdictional overreach at its finest.
Another issue is the CIO's "judge shopping" to secure a favorable outcome. Customarily, the agency should be requesting a warrant from the Seoul Central District Court. Yet, upon learning that a warrant judge there was hesitant to approve their jurisdictional expansion, they moved to the Western District Court with a more accommodating judge.
This left-leaning judge arbitrarily disregarded articles 110 and 111 of the Criminal Procedure Act, granting the warrant in a blatantly unlawful manner. Judges are supposed to apply the law, not legislate it.
For their part, the president's legal team and civic groups have lodged formal complaints against individuals responsible for filing and approving this illegal warrant. Those involved will be held accountable in due course.
Will the CIO seek to arrest Yoon again?
Because the first warrant expired, the CIO obtained another one on January 7. The last warrant was valid for seven days. But no matter how persistent their efforts, they are destined to fail. This became evident in 2016 when prosecutors struggled to summon former President Park Geun-hye.
A sitting president is inherently privy to the nation's most sensitive military and governmental secrets. Allowing such an individual to be arrested on a whim would pose a serious risk to national security.
Why is the Pro-Yoon rally gaining momentum?
One key factor is the conservative camp's decision to put aside internal divisions to prevent President Yoon from meeting the same fate as Park Geun-hye. Many of us are committed to fighting tooth and nail this time.
At the heart of this effort is Pastor Jeon Kwang-hoon, whose leadership has been critical in galvanizing a unified front on the streets. Likewise, conservative YouTubers — typically rivals in the competitive media sphere — have set aside their differences to join forces for a shared mission. I, too, have been collaborating with leading conservative commentators like Dr Lee Bongyu and Dr Ko Sung-kuk.
The ranks of "pro-Yoon" protesters have grown by the thousands each week, with an increasing number of younger generations joining the rallies. Late in December, for instance, over 500,000 people gathered at Gwanghwamun Square in Seoul. Since then, the crowd size has doubled and even tripled.
Charges of Martial Law and Insurrection
Will Yoon be found guilty of leading an insurrection?
The short answer is no. An insurrection charge against President Yoon is both unfounded and illogical. Even the opposition Democratic Party seems to acknowledge its weakness, gradually shifting away from the accusation. Instead, they are now trying to amend the articles of impeachment, dropping the insurrection charge and reframing the case around Yoon's procedural errors in declaring martial law.
As for the ongoing criminal trial, convicting President Yoon of leading an insurrection would require investigators to prove both his intent to overthrow the National Assembly and the occurrence of a riot as part of that process. To date, however, no evidence supports either claim.
The President also quickly rescinded his martial law decree after it was nullified by Parliament, further highlighting the absence of any insurrectionary intent.
Why was Yoon's December 3 emergency martial law justified?
Declaring martial law is firmly within a president's constitutional authority, and all necessary procedures were followed. In its 1997 ruling, the Supreme Court similarly classified the president's emergency martial law declaration as a political question. It is not subject to judicial review. While the judiciary can assess the merits of a decree that seeks to undermine the constitution or state organs, this does not apply to Yoon's case.
If there's an insurrection to be found, it's in the actions of the majority-opposition Democratic Party. They have slashed vital government funding while padding their salaries, filed numerous impeachment motions against state officials, prosecutors, and judges, and rammed legislation through parliament with minimal oversight for years.
Should we be concerned about Lee Jae-myung's ascent to power?
That concern would only arise if President Yoon were removed from office—an outcome I find implausible. While there is speculation about an early presidential election, the assumption that Lee Jae-myung would seamlessly rise to power is misreading the current political landscape.
A more accurate interpretation is that Yoon and Lee are effectively locked in a second round of the presidential election. Yoon's approval ratings have also recently rebounded to 40%, surpassing his pre-martial law numbers. In contrast, Lee, weighed down by ongoing legal woes, has struggled to break the critical 40% threshold in the polls. Moreover, if the Supreme Court upholds Lee's conviction in his criminal trial, he would be disqualified from running in the next presidential election.
These figures reveal that more South Koreans hope for Yoon's return than Lee's ascent. The numbers speak for themselves.
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Author: Kenji Yoshida
