Impeached South Korean president issued with arrest warrant over martial law

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Suk Yeol is facing a criminal investigation into possible insurrection charges.   (Kim Hong-Ji, Pool via AP)

In short:

A Seoul court has approved a warrant for President Yoon Suk Yeol, who was impeached earlier this month.

Mr Yoon had attempted to impose martial law in South Korea, but backtracked after the opposition-dominated parliament voted against it.

What's next?

Mr Yoon is facing a criminal investigation into possible insurrection charges. The arrest warrant is valid until January 6, but his legal counsel is filing an injunction to challenge its validity.

A South Korean court has approved an arrest warrant for President Yoon Suk Yeol, who was impeached and suspended from power earlier this month over his decision to impose martial law on December 3.

WARNING: This article contains references to mental health and suicide.

The Corruption Investigation Office for High-ranking Officials (CIO) confirmed the Seoul Western District Court on Tuesday approved the warrant requested by investigators examining Mr Yoon's short-lived imposition of martial law.

This is the first arrest warrant issued for an incumbent president in South Korea, according to local media.

Mr Yoon is facing a criminal investigation into possible insurrection charges. Insurrection is one of the few charges for which a South Korean president does not have immunity.

Under South Korean law, the leader of a rebellion can face the death penalty or life imprisonment if convicted. 

The current arrest warrant is viable until January 6, and once it is exercised, Mr Yoon is expected to be detained in Seoul Detention Centre, Yonhap said citing the CIO.

Mr Yoon's legal counsel plans to file for an injunction to the Constitutional Court to stop the arrest warrant, Yonhap news agency reported.

His lawyer, Yoon Kab-keun, said that the martial law declaration on December 3 did not constitute insurrection, and the arrest warrant against him was invalid.

Impeached South Korean president issued with arrest warrant over martial law

There have been mass protests against Mr Yoon this month demanding his arrest. (AP: Ahn Young-joon)

The court issued the warrant due to the likelihood that Mr Yoon would not respond to the summons without a justifiable reason, and because there was a substantial reason to suspect him of a crime, Yonhap said. The court declined to comment.

Mr Yoon has failed to respond to investigators' summons for questioning three times since the martial law declaration.

Mr Yoon's powers have been suspended since the opposition-controlled National Assembly voted to impeach him on December 14.

The Constitutional Court is to determine whether to dismiss Mr Yoon as president or reinstate him.

It was unclear when or how the arrest warrant for Mr Yoon will be carried out.

South Korea's presidential security service said in a statement on Tuesday that it will treat the arrest warrant according to due process.

The court also approved a search warrant for Mr Yoon's residence, the CIO said.

Previously, police have tried but failed to successfully raid the presidential office as part of the investigation, due to the presidential security service blocking access.

The scandals that triggered Yoon’s downfall

Photo shows Yoon Suk Yeol and his wife Kim Keon Hee stand with a line of guards at a wreath laying ceremony.

Impeached South Korean president issued with arrest warrant over martial law

South Korea's President Yoon Suk Yeol opted for the nuclear option when he declared martial law. But it followed months of scandals, low approval ratings and a stand-off with a hostile parliament.

The acting leader of South Korea's ruling People Power Party, Kweon Seong-dong, said on Tuesday that attempting to detain a sitting president is inappropriate.

Kim Yong-min, from the opposition Democratic Party, which holds a majority in parliament and brought on Mr Yoon's impeachment vote, said on Tuesday "the process of executing the warrant and investigation could be very difficult", calling for investigators to immediately execute the warrants.

Deepening political turmoil

Mr Yoon's imposition of martial law lasted only six hours but triggered huge political turmoil, halting high-level diplomacy and rattling financial markets.

Mr Yoon sent hundreds of soldiers and police officers to the National Assembly to block a vote on his decree, but enough politicians managed to enter the assembly chamber to overturn it unanimously.

Impeached South Korean president issued with arrest warrant over martial law

Fire extinguishers were sprayed to block soldiers entering the National Assembly in Seoul on December 4. (Yonhap: Jo Da-un via AP)

Mr Yoon has argued his decree was a legitimate act of governance, calling it a warning to the main liberal opposition Democratic Party, which he has called "a monster" and "anti-state forces" that has used its legislative majority to impeach top officials, undermine the government's budget, and which he claims sympathises with North Korea.

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Defence minister Kim Yong-hyun resigned over the staggering turn of events, and reportedly attempted suicide before he was arrested on multiple charges, including the "abuse of authority to obstruct the exercise of rights".

Mr Yoon's police chief and several top military commanders have already been arrested over their roles in the martial law enactment.

Some experts suggested Mr Yoon was likely to ignore the arrest warrant. 

"Unless Yoon voluntarily lets them detain him, there is no way to detain him," said Choi Jin, director of the Seoul-based Institute of Presidential Leadership. 

"Should investigators have hand-to-hand fights with the security service?"

The country's political crisis deepened last Friday when the Democratic Party and other small opposition parties voted to impeach acting President Han Duck-soo over his refusal to fill three justice seats at the Constitutional Court.

Observers say adding more justices could affect the court's ruling on Mr Yoon's impeachment.

The deputy prime minister and finance minister, Choi Sang-mok, has become South Korea's new interim leader.

Reuters/AP

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