The South Korean Public Prosecutor’s Office on Monday requested an arrest warrant for impeached President Yoon Seok-Yeol over his martial law declaration earlier this month, according to local media.
The office made the request with the Seoul Western District Court after President Yoon failed to appear for his third summons from the Corruption Investigation Office for High-ranking Officials, which was scheduled for Sunday.
President Yoon was charged with leading an insurrection and obstructing government officials’ exercise of power. Yoon justified his refusal to answer the summons by arguing that the Public Prosecutor’s Office does not have the authority to investigate insurrection. The constitution provides that a sitting president is immune from criminal prosecution except for cases of treason or insurrection. The Public Prosecutor’s Office argued that the Prosecutor’s Office Act provides them the authority to investigate crimes concerning abuse of power by high-ranking officials.
Yoon declared martial law on December 3, 2024, to combat pro-North Korean forces he attributed to the Democratic Party, an opposition party controlling the South Korean National Assembly. Military and police blocked the entrance to the National Assembly building soon after the declaration. There were 190 members present, however, who unanimously voted to lift martial law. The military and police left accordingly.
On December 14, the National Assembly impeached Yoon, with 204 of 300 votes meeting the two-thirds supermajority requirement. The impeachment motion stated that Yoon violated the South Korean Constitution by abusing his power to declare martial law for leading an insurrection. The constitution allows the president to declare martial law only during war, armed conflict, or similar national emergencies.
The Constitutional Court will decide the impeachment case within 180 days of receiving the National Assembly’s approved impeachment motion.
Acting President Han Duck-soo was also impeached on Friday for not filling the three vacancies in the nine-paneled Constitutional Court. The Democratic Party accused Han of obstructing justice given the court’s significant role in the outcome of Yoon’s removal from office.