A South Korean court issued a ruling on Tuesday arrest warrant against President Yoon Suk Yeol and search of his office and residence after being accused of rebellion for his brief decree of martial law. It is the first time that an order is issued to detain a sitting president in South Korea. But experts say there are little chance of arrest or records unless Yoon is officially removed from office.
Under South Korean law, the leader of a rebellion can face the death penalty or life imprisonment in case of being convicted. Yoon has presidential immunity from criminal proceedings, but this does not extend to accusations of rebellion or treason.
Yoon’s powers are suspended since the National Assembly, with an opposition majority, approved on December 14 to impeach him for his imposition of martial law, during which hundreds of soldiers and police were deployed to the assembly. By law, a president in South Korea is only authorized to declare martial law during times of war or similar emergencies and has no right to suspend the activity of parliament even under martial law.
Yoon has argued that his decree was a legitimate act of governance, calling it a warning to the main opposition party, the progressive Democratic Party, which he has called a “monster” and “anti-state force” that has used its legislative majority to remove senior officials and undermine the government budget. He also accuses him of sympathizing with North Korea.
The Constitutional Court must determine whether dismisses Yoon as president or reinstaura in office. Experts believe Yoon probably will ignore arrest warrants. He has already dodged repeated requests from investigating authorities to come forward to testify, and the presidential security service has blocked attempts to search his office and residence, citing a law that prohibits searches of state secret sites.
