South Korea’s Corruption Investigation Office for High Ranking Officials (CIO) on Friday filed a formal arrest warrant for impeached President Yoon Suk Yeol with the Seoul Western District Court, according to local media. This is the first time in the history of Korea’s modern constitution that an arrest warrant for insurrection has been sought against a sitting president.
The arrest warrant was issued after President Yoon refused to attend a second day of questioning. The charges against Yoon include insurrection, abuse of authority, and obstructing the exercise of rights. Specifically, that Yoon unconstitutionally declared a state of emergency on December 3 that had no basis, illegally declared martial law, and used that power to prevent members of the Korea National Assembly from gathering to vote against his insurrection attempt.
The warrant comes after a tumultuous 72 hours where investigators attempted to detain and question Yoon. Two attempts at detaining him were made, with the first being unsuccessful. A second attempt successfully detained Yoon after a tense stand-off between investigators and the presidential security service. At his questioning with the CIO, Yoon remained silent and did not answer any questions beyond stating at the beginning of the investigation that the justification of declaring martial law is solely within the constitutional right of the president and is not reviewable by the judiciary.
In response, Yoon’s supporters are participating in all-night protest in front of the Seoul Western District Court, calling for the arrest warrant to be dismissed.
The warrant will be heard at the Seoul Western District Court on 2pm Saturday, KST with Judge Cha Eun-Kyung presiding. If approved, the investigators would have lawful authority to formally arrest the sitting president of South Korea. Yoon will reportedly not be attending the hearing.
This is the latest development since December 3 when Yoon declared martial law. He was impeached two weeks later and suspended from his presidential duties. Investigators are in the process of pursuing charges against Yoon. Article 65 of the Constitution of South Korea provides that impeachment is not complete until the Constitutional Court of Korea adjudicates the matter within 180 days. Impeachment proceedings began on Tuesday. Yoon remains president of the country until the court approves the impeachment motion.