South Korean President Yoon Suk-yeol (Courtesy of Presidential Office via Kyodo)
On December 31, a South Korean court approved an arrest warrant for President Yoon Suk-yeol in connection with an ongoing investigation into his insurrection charges. Yoon was impeached by South Korea's parliament earlier in the month. That action followed his short-lived and widely criticized martial law declaration.
The Corruption Investigation Office for High-Ranking Officials (CIO) issued the warrant on the last day of 2024. Yoon's legal team quickly condemned the warrant as "illegal and invalid." The team promptly filed a petition for injunction with the Constitutional Court, seeking its suspension.
CIO Defends Warrant
"This warrant was issued by an agency that clearly lacks investigative authority," said Yoon Kab-keun, one of the President's attorneys. He argued that the warrant violates the local Criminal Procedure Act and that the CIO also lacks proper jurisdiction.
By law, the CIO does not hold jurisdiction over insurrection investigations. Their investigative power is confined to corruption cases involving high-ranking officials, including judges, prosecutors, and senior police officers.
However, the CIO argues that it can investigate insurrection as a crime connected to the president's abuse of power charge.
Oh Dong-woon, chief of CIO, announced on Wednesday that the arrest warrant will be executed before it expires. "The Joint Investigative Headquarters is discussing it now. We will carry out [the warrant] within the specified timeframe," Oh told reporters.
The warrant remains valid until January 6.
The CIO sought the warrant after Yoon ignored three summonses to appear for questioning regarding his role in the December 3 emergency martial law declaration. Yoon also disregarded the summonses sent by mail for which he neglected to offer adequate legal defense, media reports said.
Questionable Legality
Kang Yong-suk, an attorney familiar with the case, said that the CIO is venturing into highly irresponsible territory. "The warrant is blatantly illegal," emphasized Kang, a conservative pundit and former National Assembly member. "Using charges of abuse of authority against the president as a basis to investigate insurrection is far fetched approach that constitutes an abuse of power in itself," he further added.
Oh also warned the Presidential Security Service that any attempt to block the execution of the warrant could lead to charges of abuse of authority and obstruction of public duty. "Setting up barricades and locking up steel gates" would be considered obstruction, the CIO chief stated. The investigative agency's chief has also vowed to take legal action to address any interference.
A Nation in the Balance
In December, South Korean police attempted to raid the presidential office and residence as part of the martial law investigation. On two separate occasions, authorities were denied entry by the President's security staff.
Responding to the warrant, the Presidential Security Service stated that protective measures would be implemented in accordance with due process.
It remains to be seen whether the security team will physically obstruct an attempt to arrest the President. This is the first time in the nation's history that a sitting president has been served with an arrest warrant. Experts have, therefore, not ruled out a potential clash during the process.
Meanwhile, Yoon faces an impending ruling from the Constitutional Court. He has been suspended from official duties since the December 14 parliamentary vote to impeach him. However, his formal removal from office hinges on the court's decision to uphold the impeachment. The court has up to 180 days to issue its ruling, leaving the nation awaiting a pivotal outcome.
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Author: Kenji Yoshida
