By Hyonhee Shin
SEOUL (Reuters) – South Korean investigators arrested ousted President Yoon Suk Yeol on Wednesday for alleged insurrection over his attempt to impose martial law, after weeks of defiance and claims by Yoon and his lawyers that the arrest warrant was invalid.
Here’s what we know so far about his arrest:
WHY WAS YOON ARRESTED?
Yoon’s arrest followed his brief imposition of martial law on Dec. 3, which stunned South Koreans as he declared on national television his goal of eradicating “anti-state forces” and exiting of political impasse.
But after about six hours, he abandoned his plan after members of Parliament used barricades and fire extinguishers to repel soldiers who tried to prevent lawmakers from voting to reject Yoon’s statement.
Parliament voted to impeach Yoon on Dec. 14 and a trial is underway at the Constitutional Court to decide his political future, but investigators have also launched a criminal probe into allegations of insurrection.
It is one of the few criminal charges from which a South Korean president does not have immunity, and when Yoon ignored the summons for questioning, a court approved an arrest warrant on December 31, which was later extended.
An initial arrest attempt was blocked by presidential guards at his hillside villa before he was taken into custody on Wednesday.
WHO ARE THE INVESTIGATORS?
The Senior Corruption Investigation Office (CIO) is leading the joint investigation team involving the police and the Defense Ministry, while prosecutors are also leading their own investigation.
The IOC was launched in 2021 as an independent anti-corruption agency tasked with investigating high-ranking officials, including the president, and their family members.
But its rights of investigation and prosecution are limited. He does not have the authority to prosecute the president and is required to refer the case to the prosecutor’s office to take any action, including indictment, once the questioning is complete.
Investigators now have 48 hours to question Yoon, before seeking a warrant to detain him for up to 20 days or release him.
WHAT IS YOON’S ARGUMENT?
Yoon said Wednesday he submitted to questioning to avoid bloodshed despite what he called the illegality of the investigation and arrest.
Yoon’s lawyers said that unlike prosecutors, the IOC does not have the authority to handle his case since the law stipulates a very broad list of high-ranking officials and violations it can investigate, but makes no mention of ‘insurrection.
The lawyers also said the arrest warrant was unconstitutional because it was granted by a court of the wrong jurisdiction.
They said any criminal investigation should be carried out after the Constitutional Court holds a trial on Yoon’s impeachment and decides to permanently remove him from office.
Yoon’s team filed a complaint and injunction with the Constitutional Court to reconsider the legitimacy of the mandate.
WHAT IS THE POSITION OF THE POLICE CIO?
The IOC said it had obtained the right to take over Yoon’s case by obtaining the arrest warrant, but apologized for not arresting Yoon and asked the police to take over execution of the warrant .
Before Yoon’s arrest, police acknowledged there was a legal dispute over the case, but held several meetings with the IOC to discuss how to execute the warrant after obtaining an arrest warrant reissued on January 7.
Seok Dong-hyeon, Yoon’s legal adviser, said the attempt to transfer execution of the warrant to the police was in effect an admission by the IOC that its investigation and the warrant were “illegal.”
WHAT DO THE COURTS SAY?
The Constitutional Court said Monday it was reviewing the complaint and injunction filed by Yoon’s lawyers.
The Seoul Western District Court, which previously dismissed a similar complaint, said it was not illegal for the IOC to handle Yoon’s case because allegations of insurrection are included in the abuse charges of power covered by the agency.
Yoon’s lawyers criticized the court’s statement, calling it “sophism” and said they would consider appealing the decision to a higher court.
