South Korean Authorities Seek Arrest Warrant for Impeached President Yoon in Martial Law Investigation

South Korean prosecutors have sought a court warrant to detain impeached President Yoon Suk Yeol, alleging his brief imposition of martial law on December 3 amounted to rebellion.

The Corruption Investigation Office for High-Ranking Officials (CIO) confirmed on Monday that it filed the request with the Seoul Western District Court as part of a joint investigation with police and military authorities.

Yoon is accused of abusing his authority and orchestrating a rebellion during the martial law decree, which lasted only a few hours. His lawyer, Yoon Kap-keun, criticised the warrant request, arguing it was invalid and that the CIO lacked jurisdiction to investigate rebellion charges.

“An incumbent president cannot be prosecuted for abuse of power,” he said, although he acknowledged differing academic opinions on the matter. The lawyer declined to comment on how the legal team would respond if the court approved the warrant.

The investigation intensified after Yoon repeatedly refused to appear for questioning and blocked searches of his offices. While sitting presidents have immunity from criminal prosecution, allegations of rebellion or treason are exceptions to this rule.

The warrant request follows reports that Yoon deployed heavily armed troops to encircle the National Assembly to prevent lawmakers from lifting martial law.

Lawmakers managed to enter and voted unanimously, 190-0, to end martial law hours after Yoon declared it in a late-night televised address.

Yoon has defended his actions, calling the martial law decree a “temporary warning” against the liberal opposition Democratic Party, which he accused of obstructing his agenda. He denied planning to arrest politicians or paralyse the National Assembly, claiming troops were sent to maintain order. However, Kwak Jong-keun, the arrested commander of the Army Special Warfare Command, testified that Yoon ordered him to “quickly destroy the door and drag out the lawmakers who are inside.”

The investigation also includes allegations that Yoon directed the military to target the National Election Commission in Gwacheon, citing unsubstantiated claims of election fraud in April’s parliamentary elections. The commission has denied these allegations, stating there is no evidence of wrongdoing.

Yoon’s presidency remains in limbo as the Constitutional Court deliberates on whether to uphold his impeachment, which was approved by the National Assembly on December 14. Six of the court’s nine justices must vote in favour to remove him from office permanently.

Political tensions have escalated further after the impeachment of Prime Minister Han Duck-soo, who had been acting as president since Yoon’s suspension. Deputy Prime Minister Choi Sang-mok has now assumed leadership but has yet to address whether he will fill three vacant Constitutional Court seats.

Authorities have already arrested Yoon’s defence minister, police chief, and several military commanders linked to the martial law decree, which has drawn comparisons to South Korea’s authoritarian past.

Whether the court will grant the arrest warrant for Yoon remains uncertain, with concerns mounting over potential clashes between law enforcement and Yoon’s presidential security service if attempts are made to detain him.

Faridah Abdulkadiri

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