President arrested after court issues warrant for botched martial law

Yoon stands firm, refuses to be questioned

By Kim Se-jeong, Anna J. Park

President Yoon Suk Yeol was arrested, Sunday, after the Seoul Western District Court issued an arrest warrant for his botched imposition of martial law.

This marks the first time in Korea that a sitting president has been arrested. The arrest occurred 47 days after Yoon declared martial law and just four days after he had been temporarily detained to face questioning over accusations of insurrection and abuse of power.

The president, however, continues to refuse questioning by the Corruption Investigation Office for High-ranking Officials (CIO), arguing that the office has no authority to investigate an insurrection charge and that the arrest itself was illegal.

At around 2:59 a.m. on Wednesday, the court issued the warrant, citing concerns over Yoon's potential destruction of evidence.

The CIO requested the warrant, citing several concerns: the president’s failure to reflect on his actions, the possibility that he might attempt to declare martial law again if the Constitutional Court rejects his impeachment and the possible destruction of evidence, particularly given that he changed his cell phone and withdrew from the cloud-based messaging app Telegram around the time of the martial law declaration.

It is widely believed in the legal community that the issuance of the arrest warrant signals that the court found substantial grounds to suspect the president of committing the alleged crimes in his capacity as the leader. This move is also likely to undermine Yoon’s argument that the CIO lacks the authority to investigate treason charges and may influence the ongoing Constitutional Court proceedings regarding his impeachment.

Following the issuance of the arrest warrant, angry supporters of Yoon, who had gathered outside the district court, stormed the building, breaking windows and walls and throwing objects. While police forcibly dispersed the crowd, 45 individuals were apprehended on the spot and several officers sustained serious injuries.

Following the issuance of the warrant, Yoon was transferred from a waiting room to a separate building at the Seoul Detention Center, where he was assigned an inmate number and a uniform.

The CIO requested Yoon to be questioned further on Sunday afternoon, but he continued to refuse. Yoon Kap-keun, one of Yoon's legal representatives, told reporters that the president, a former prosecutor, could not comprehend the CIO’s assertion that his declaration of martial law and subsequent actions constituted insurrection.

During a previous questioning session while under detention last Wednesday, Yoon exercised his right to remain silent. He then declined to attend additional sessions on Thursday and Friday, with his lawyers citing health reasons for his absence.

If Yoon continues to refuse further questioning, authorities may be compelled to interrogate him at the detention center or, if necessary, forcibly transport him to the CIO office. However, CIO investigators have stated that no decision has been made yet regarding their next steps if Yoon persists in refusing to attend the sessions.

In response to the arrest, Yoon's legal team issued a statement claiming that the rule of law has collapsed.

"The president has been already suspended from duties, so he is not in a position to exercise any influence. Some 10 involved people were already arrested ... How would the president destroy evidence?" they said.

"The president and our legal team will never give up. We will do our utmost in all forthcoming judicial procedures to correct any wrongs and ensure that the freedom and justice of the Republic of Korea are protected," they added.

The lawyers are also considering requesting a court review of the legality and necessity of the arrest warrant. If the court determines that the arrest was inappropriate, Yoon will be released. However, the chances of this happening are said to be slim.

According to the legal team, the president said that in future legal proceedings, he would make efforts to prove that martial law was both legitimate and necessary.

However, the president expressed concern over the physical clashes between his supporters and police officers at the court on Sunday morning, urging them to express their opinions peacefully.

Following Yoon's arrest, a senior official at the presidential office said the court's decision was inconsistent with fairness, especially when compared to the treatment of other opposition political figures. This comment seemed to refer to Lee Jae-myung, the chairman of the main opposition Democratic Party of Korea (DPK), who has been facing multiple charges but has not been arrested.

"The presidential office is concerned that it may undermine public trust in the judiciary's impartiality," the official said.

Rival parties also offered contrasting responses to the court's decision.

The ruling People Power Party (PPP) said in a statement that it finds the court's judgment deeply regrettable.

"Above all, as the sitting president, there is absolutely no possibility of flight or evidence destruction. Given the ongoing debates over the CIO's authority to investigate treason and other various legal controversies, I question whether the potential fallout from arresting a sitting president was fully considered," the PPP said.

It emphasized that all future judicial procedures must be conducted fairly and cautiously, without any concerns over controversies or flaws.

In contrast, the DPK supported the court's decision, describing it as a crucial step in restoring what it described as the broken constitutional order.

"The court showed a reasonable ruling for the leader of the treasonous act, which was witnessed by the entire nation in real time. It can all be attributed to the righteous anger of the people, who gathered to hold the treasonous forces accountable and restore normalcy to the Republic of Korea," it said in a statement. "No matter how powerful one may be, if they commit a crime, they must be strictly punished according to the law and principles," the party added.

The president is expected to be indicted early next month.

According to the law, investigators at the CIO and prosecutors can detain Yoon for up to 20 days, including the period of temporary detention before indicting him. However, the time spent during the earlier court review of his detention does not count toward this period, meaning the indictment is expected to occur between Feb. 3 and 5.