Photo Credit: Ahn Young-joon/AP
After an hours-long standoff, former South Korean President Yoon Suk-yeol was arrested on January 15 on insurrection charges following his declaration of martial law on December 3. This arrest, which saw the deployment of 1,000 officers, came after a failed attempt twelve days earlier during which officials were blocked by his supporters and security team.
Earlier, on December 14, 2024, the South Korean National Assembly voted to impeach President Yoon following his brief declaration of martial law on December 3. Yoon defended his decision, arguing that he had a legitimate use of military rule due to his belief that the opposition in control of Parliament consists of North Korean communist sympathisers. Since assuming office in 2022, Yoon has faced consistent opposition from Parliament and has had marginal success in getting his policies adopted.
The constitutional provision granting the president the right to declare martial law has a dark history in South Korea. The Constitution grants the executive the ability to impose military rule in the case of “wartime, war-like situations or other comparable national emergency states.” However, past presidents have misused this power, giving them the right to impose a de facto dictatorship over political opponents and civilians. To alleviate this risk, the National Assembly has the right to check this use of power and can lift martial law with a majority vote. Immediately after President Yoon’s declaration, lawmakers voted 190-0 to revoke the order. The National Assembly’s adherence to the rule of law through the use of democratic institutions shows a commitment to the balance of power between branches, and a dedication to political accountability for the executive.
Following the failed insurrection attempt, the Corruption Investigation Office for High-ranking Officials (CIO) launched an insurrection case against Yoon. In addition to his declaration of martial law, Yoon has been accused of failing to cooperate with the CIO. After ignoring court-sanctioned questioning and refusing to comply with investigative procedures, the court issued a warrant for his arrest, making him the first South Korean president arrested in office. If found guilty of insurrection, the penalty for offense is life in prison or the death penalty.
During this time of political turmoil, South Korea had Finance Minister and Deputy Prime Minister Choi Sang-mok fill in as acting president since December 27. Han Duck-soo, the previous successor, was impeached by the legislature for refusal to fill vacancies on the Constitutional Court.
Despite the fact that many South Koreans disapprove of his actions, the political disorder around Yoon has brought a resurgence to his approval rating, and a consolidation around his political party, the People Power Party (PPP). According to recent polls, support for the PPP was at 40.8 percent versus the main opposition, the Democratic Party, whose support stood at 42.2 percent. This difference lies within the margin of error, indicating no clear winner in a future presidential election should Yoon be found guilty of impeachment and removed from office.
In the coming days, authorities will question Yoon and decide on whether to charge and arrest him for attempting a rebellion. However, according to the CIO, Yoon has resisted questioning and refused to participate in the investigation. Additionally, on January 14, the Constitutional Court launched a parallel investigation regarding the Parliament’s decision to impeach Yoon. If endorsed by the courts, an election must be held within sixty days.
Update January 19:
On Sunday January 19, a South Korean court officially issued a warrant for Yoon’s arrest and extended his detention for up to 20 days. This announcement sparked a swarm of his supporters to storm the court building, smashing windows and doors to reach the entrance of the building. Once inside, they blasted a line of police guards with fire extinguishers, destroyed furniture, and physically assaulted the officers. Once peace was restored, forty-six of the rioters were arrested.