South Korean President Yoon Suk Yeol has become the country’s first sitting president to be formally arrested on rebellion charges as part of an investigation into his ill-fated declaration of martial law last month.
Early Sunday, the Seoul Western District Court approved the detention warrant requested by the Corruption Investigation Office for High-ranking Officials (CIO), citing concern that he could obstruct evidence in a criminal probe into his martial law declaration in early December.
Under the new warrant, Yoon can be detained for up to 20 days, and he has to undergo a physical exam, have a mugshot taken and wear a prison uniform like other general suspects during his arrest because his status has been changed to a criminal suspect facing an indictment and trial from a temporary detainee.
The new warrant comes after the investigators on Friday asked the court to extend his detention after he refused to be questioned following his temporary arrest by the CIO on Wednesday.
The earlier arrest was set to expire in 48 hours, meaning the president could be freed after 48 hours or petitioned for longer detention.
The Seoul court approved the extension request by the CIO due to “concern that the suspect may destroy evidence,” it said in a statement on Sunday.
CONSTITUTIONAL COURT’S DECISION TO COME
Within the next 18 days, Korean criminal investigators and prosecutors will continue probing the president to decide whether to indict him on charges of leading an insurrection during his ill-fated martial law decree in early December.
If he is convicted, he will face life imprisonment or the death penalty.
In mid-December, President Yoon was impeached by Parliament soon after his failed martial law attempt.
The country’s Constitutional Court has embarked on his impeachment trial to decide whether to reinstate him or to oust him from office. The court’s ruling is expected to come out in the next two to three months.
This is separate from the criminal investigations against the president on accusations of insurrection.
The Seoul court’s new arrest warrant suggests that the court might have endorsed rebellion charges against President Yoon, said an unnamed official in the legal circle, citing the country’s presidential immunity from criminal liability, which is applied to all but rebellion charges under the Constitution.
By Yong-Hoon Kwon, Si-On Park and Jeong-Hoon An
fact@hankyung.com
Sookyung Seo edited this article.