SEOUL — South Korean investigators have requested a court warrant to detain impeached President Yoon Suk-yeol over allegations of rebellion and abuse of power linked to his short-lived martial law decree on 3 December.
Yoon’s lawyer has challenged the warrant, arguing that the anti-corruption agency lacks the authority to investigate rebellion but did not clarify how they would respond if the court approves the warrant for the president’s detainment.
“An incumbent president cannot be prosecuted for abuse of power,” the lawyer said.
“Of course, there are differing academic opinions on whether a president can be investigated for abuse of power and some assert that investigations are possible. But even when investigations are allowed, the prevailing opinion is that they should be exercised with the utmost restraint.”
The anti-corruption agency didn’t immediately respond to the lawyer’s comments.
The warrant request came after Yoon Suk-yeol dodged several requests by the joint investigation team and public prosecutors to appear for questioning and also blocked searches of his offices.
While Yoon has the presidential privilege of immunity from criminal prosecution, such protections don’t extend to allegations of rebellion or treason.
It’s not clear whether the court will grant the warrant or whether Yoon can be compelled to appear for questioning.
South Korean law requires the consent of the person in charge to search sites tied to military secrets, making it unlikely that Yoon will voluntarily leave his residence if faced with detention. There are also concerns about possible clashes with Yoon’s presidential security service if authorities attempt to detain him forcibly.
Yoon’s presidential powers were suspended after the National Assembly voted to impeach him on 14 December over his imposition of martial law, which lasted only hours but has triggered weeks of political turmoil, halted high-level diplomacy and rattled financial markets.
Yoon’s fate now lies with the Constitutional Court, which is deliberating whether to uphold the impeachment and remove him from office or reinstate him. — Euronews
