South Korean court approves arrest warrant for president

By Josh Smith and Joyce Lee, for Reuters

An arrest warrant has been approved for South Korea's President Yoon Suk Yeol delivering an address at the Presidential Office in Seoul, on 7 December. Photo: HANDOUT / AFP

A South Korean court has given authorities approval to arrest President Yoon Suk Yeol after he was impeached and suspended from power for imposing martial law, marking the first time a sitting president of the country has faced arrest.

The Corruption Investigation Office for High-ranking Officials (CIO) confirmed the Seoul Western District Court approved an arrest warrant on Tuesday, requested by investigators examining Yoon's short-lived imposition of martial law.

Yoon is facing investigation on allegations he was the leader of an insurrection, one of the few criminal charges from which a South Korean president does not have immunity. Separately, his trial on impeachment is being heard at the Constitutional Court.

The arrest warrant for an incumbent president is unprecedented, and deepens the political crisis that has engulfed South Korea, Asia's fourth-largest economy and a key US ally.

Prime Minister Han Duck-soo, who took over from Yoon as acting president, has also been impeached by parliament, which is dominated by the opposition.

• South Korea's president defiant after impeachment over martial law bid
• In photos: Martial law declared in South Korea

Finance Minister Choi Sang-mok, who took over as acting president after Han's impeachment on Friday, has been dealing with Sunday's crash of Jeju Air flight 7C2216, which killed 179 people in the deadliest air disaster on South Korean soil.

The current arrest warrant is viable until 6 January, and once it is exercised, Yoon is expected to be held at the Seoul Detention Centre, Yonhap news agency said, citing the CIO.

Yoon Kab-keun, a lawyer for the impeached president, said the arrest warrant was illegal and invalid because the CIO did not have the authority under South Korean law to request a warrant.

He said the president's legal team will file for an injunction at the Constitutional Court to stop the warrant.

The district court issued the warrant due to the likelihood that Yoon will not respond to summons without a justifiable reason, and there being a substantial reason to suspect Yoon of a crime, Yonhap said. The court declined to comment.

It was unclear when or how the arrest warrant for Yoon will be carried out. South Korea's presidential security service said in a statement on Tuesday that it will treat the arrest warrant according to due process.

The court also approved a search warrant for Yoon's residence, the CIO said.

Previously, police tried but failed to successfully raid the presidential office as part of the investigation, due to the presidential security service blocking access.

Short-lived martial law

Yoon has failed to respond to investigators' summons for questioning multiple times since the 3 December martial law declaration. The announcement, an attempt to ban political activity and censor the media, was the first such order in South Korea since the 1980s.

That night, troops forced their way into the National Assembly building in Seoul but stood back when parliamentary aides sprayed them with fire extinguishers. Lawmakers rejected the martial law decision while protesters scuffled with police outside, and Yoon rescinded the order within hours.

Soldiers trying to enter the National Assembly building in Seoul on 4 December, after Yoon Suk Yeol declared martial law. Photo: AFP / Jung Yeon-je

The backlash was swift. While Yoon survived a first impeachment attempt, members of his party later joined opposition parties to impeach him, on 14 December.

Han took over as acting president, but he too was impeached, on Friday, after he declined to approve justices appointed by parliament to the Constitutional Court.

The next hearing in Yoon's Constitutional Court case is scheduled for this Friday, 3 January, 2025.

Kim Yong-hyun, who resigned as Yoon's defence minister after playing a major role in the martial law decree, has been detained and was indicted on Friday on charges of insurrection and abuse of power.

The acting leader of South Korea's ruling People Power Party, Kweon Seong-dong, said on Tuesday that attempting to detain a sitting president is inappropriate.

Kim Yong-min, a lawmaker in the opposition Democratic Party, which holds a majority in parliament and brought on Yoon's impeachment vote, said on Tuesday: "The process of executing the warrant and investigation could be very difficult", calling for investigators to immediately execute the warrants.

Acting president calls for national harmony and unity

Acting President Choi Sang-mok called for national harmony and unity and for trust in the government in a New Year's address on Tuesday, amid an unprecedented political crisis sparked by the martial law declaration.

"The Republic of Korea is in an unprecedentedly serious situation," Choi said in a written statement, citing changes around global trade, diplomacy and security, as well as domestic political uncertainty.

"The government will do its best to run state affairs stably in all areas of defence, diplomacy, economy and society for the people to feel relieved," Choi said.

Choi has assumed multiple roles as acting president, acting prime minister, deputy prime minister for economic affairs and finance minister, as well as leading the minister-level central disaster control team since Sunday's plane crash.

Choi said the government would make efforts for national harmony and unity, vowing to communicate closely with ruling and opposition party politicians as well as social leaders, and he asked for trust from the people and businesses.

Choi said the country's alliance with the United States would remain ironclad and the government would be prepared to respond swiftly to any foreign affairs, security or trade issues after US President-elect Donald Trump takes office in January.

On the economy, Choi said the government would come up with support measures for small businesses and the self-employed in a timely manner to invigorate domestic demand, while working closely with related agencies to keep financial and foreign exchange markets stable.

- Reuters