Law enforcement authorities on Friday were seeking to formally arrest impeached South Korean President Yoon Suk Yeol, who was spending his third day at a detention center after his lawyers failed in a last-minute attempt to secure his release.
Yoon, who was apprehended on Wednesday in a massive law enforcement operation at his residence, faces potential rebellion charges linked to his declaration of martial law on Dec. 3, which set off the country’s most serious political crisis since its democratization in the late 1980s.
Attempting to break through legislative gridlock, Yoon imposed military rule and sent troops to the National Assembly and election offices, but the standoff lasted only hours after lawmakers who managed to get through a blockade voted to lift the measure. The opposition-dominated assembly voted to impeach him on Dec. 14.
A court-ordered arrest could lead to an extended period in custody for the conservative president, who faces both criminal charges and a Constitutional Court ruling in the coming weeks that will determine whether he is dismissed or reinstated to office.
Here’s what Yoon faces at a moment that could determine his political fate:
What’s ahead? After undergoing more than 10 hours of questioning on Wednesday at the Corruption Investigation Office for High-Ranking Officials, during which he exercised his right to remain silent, Yoon boycotted questioning for a second straight day on Friday as his supporters maintained that the investigation was illegal.
The anti-corruption agency has until 9:05 p.m. Friday to request a court warrant for Yoon’s formal arrest, and if it fails to do so, Yoon is to be released.
Yoon’s lawyers had asked the Seoul Central District Court to order his release, questioning the validity of the detention warrant issued by the Seoul Western District Court, but the Central District Court denied their petition late Thursday. The failure gave anti-corruption officials nearly 11 extra hours to keep Yoon in detention as their 48-hour clock to request an arrest warrant was on hold while the Central District Court reviewed his petition.
The anti-corruption agency told reporters that it had nearly completed preparations for an arrest warrant request, which will likely be submitted to the Western District Court.
If the court receives the request, it will likely hold a hearing on Saturday, which Yoon may or may not attend, before deciding whether to grant his arrest, possibly sometime over the weekend or early Monday.
Yoon’s defense minister, police chief, and several top military commanders have already been arrested for their roles in the enforcement of martial law.
What happens if Yoon is arrested? If Yoon is formally arrested, investigators can extend his detention to 20 days, during which they will transfer the case to public prosecutors for indictment. This could mark the beginning of an extended period in custody for Yoon, lasting months or possibly longer.
If prosecutors indict Yoon on rebellion and abuse of power charges, which are the allegations being examined by investigators, they can possibly keep Yoon under arrest for up to six months until an initial court ruling. If the first court convicts him and issues a prison term, Yoon would serve that sentence as the case possibly moves up to the Seoul High Court and Supreme Court. Under South Korean law, orchestrating a rebellion is punishable by up to life imprisonment or the death penalty.
Yoon’s lawyers have argued that there is no need to detain him during the investigation, saying he doesn’t pose a threat to flee or destroy evidence.
Investigators point out that Yoon ignored several requests to appear for questioning, and the presidential security service blocked an attempt to detain him on Jan. 3.
Yoon has steadfastly denied accusations that his martial law decree was an attempt at rebellion, contradicting the testimonies of military commanders who have described an attempt to shut down the legislature. Critics say this makes him a potential threat to destroy or tamper with evidence.
What key points will be contested in court? To avoid conviction on rebellion charges, Yoon would need to support his claim that martial law was intended as a temporary and “peaceful” warning to the liberal opposition, which he accuses of obstructing his agenda and paralyzing state affairs with its legislative majority.
Yoon and his lawyers have claimed that he had no intention of stopping the functioning of the National Assembly, stating that the deployment of troops was intended to maintain order, not prevent lawmakers from entering and voting to lift martial law. They have claimed that the troops sent to the assembly were unarmed and denied allegations that Yoon ordered the arrest of key politicians, including National Assembly Speaker Woo Won Shik and opposition leader Lee Jae-myung.
Military commanders, however, have described a deliberate attempt to seize the legislature that was thwarted by hundreds of civilians and legislative staff who helped lawmakers enter the assembly, and by the troops’ reluctance or refusal to follow Yoon’s orders.
Prosecutors’ indictment of Kim Yong Hyun, Yoon’s now-arrested former defense minister, states that Yoon ordered the military and police to arrest key politicians or any lawmaker attempting to enter the assembly, desperate to prevent the 300-member legislature from gathering the 150 votes necessary to overturn his martial law order. It describes Yoon as becoming impatient as lawmakers continued getting inside, placing calls to military commanders to destroy the main chamber’s door, and even use guns or axes if necessary, and to drag the lawmakers out.
Those details align with the legislative testimony of Kwak Jong-keun, the now-arrested commander of the Army Special Warfare Command, who said Yoon directly instructed him to have troops pull out the lawmakers but that he didn’t carry out those orders.
