On Tuesday, the Seoul Western District Court issued a historic arrest warrant for impeached President Yoon Suk-yeol, marking the first time in South Korean history that a sitting president has faced an arrest warrant. This comes after an investigation into Yoon’s failed attempt to impose martial law in December.
Despite being impeached two weeks ago, Yoon remains the de facto president, with his powers temporarily transferred to an acting president. The initial acting president, Han Duck-soo, was impeached last Friday, further complicating the political situation. Opposition lawmakers criticized Han for his slow progress in removing Yoon from office.
Yoon retains immunity from arrest and prosecution while serving as president, with the exception of charges related to insurrection. The joint investigation team requested the arrest warrant on insurrection charges after Yoon ignored multiple summons to answer questions regarding his actions. His attorneys have argued that the Corruption Investigation Office for High-ranking Officials (CIO) does not have the authority to investigate insurrection and is better suited for abuse of power cases.
Along with the arrest warrant, the court also issued a search warrant for Yoon’s residence in Seoul’s Yongsan district. However, previous attempts by the police to raid Yoon’s office were blocked by his security detail, which has the authority to prevent searches that could compromise state secrets. The Presidential Security Service has indicated it will take “appropriate measures” but has not confirmed whether it will allow the arrest or search.
The situation is further complicated by South Korea’s legal requirements, which mandate that warrants must be executed in person by law enforcement. This means Yoon could potentially avoid arrest by remaining in a location protected by his security service. The political tension has led to a clash of opinions, with some lawmakers criticizing the court’s decision to escalate the matter, while others argue for accountability.
Yoon’s legal team maintains that he intends to comply with lawful proceedings, but they also argue that he should remain immune to criminal charges until his impeachment is upheld by the Constitutional Court, which is currently facing a shortage of three justices. The delay in appointing new judges has fueled accusations of obstruction, with Han’s successor, Choi Sang-mok, working to resolve the deadlock.
