The court issued an arrest warrant for South Korean President Yoon Suk Yeol.
A Seoul court on December 31 approved a request from law enforcement agencies to arrest impeached President Yoon Suk Yeol in connection with his brief declaration of martial law, making him the first sitting South Korean president to face an arrest warrant.
According to sources, the Seoul West District Court issued an arrest warrant for Mr. Yoon on charges of masterminding the failed declaration of martial law on December 3, organizing a rebellion, and abuse of power.
The Commission on Anti-Corruption (CIO) filed a request for an arrest warrant after Yoon ignored three summonses from the anti-corruption agency asking him to appear for questioning regarding the brief declaration of martial law.
The court order allows the CIO 48 hours to detain Mr. Yoon for investigation and to apply for a formal arrest warrant.
However, there remains considerable uncertainty regarding the CIO's ability to enforce this order, as the Presidential Security Service has cited military security reasons to prevent investigators from entering the presidential office complex and Yoon's official residence to conduct a court-approved search.
Although Mr. Yoon enjoys presidential immunity from criminal prosecution while in office, this privilege does not apply to charges of rebellion or treason.
Yoon's legal team argued that the CIO lacked the legal authority to investigate the riots, which fall under the jurisdiction of the police under the current system, as modified under the previous administration.
Oh Dong-woon, director of the CO, stated that, unlike search warrants, detention or arrest warrants issued by the court cannot be legally blocked, even by the president.
Mr. Yoon was suspended from his duties after the opposition-controlled National Assembly voted to impeach him on December 14 in connection with the imposition of martial law, which lasted six hours before being lifted by a vote in Parliament.
The South Korean Constitutional Court has begun proceedings to decide whether to impeach or reinstate President Yoon. The court has 180 days, starting from December 14th, to deliver its ruling.
