Yoon’s situation took a major turn this month as he became the first sitting president of South Korea to be taken into custody.
A Seoul court granted an arrest warrant that ensures he stays at the Seoul Detention Center for up to 20 additional days. If the prosecution moves ahead with formal charges during that time, Yoon could be held for a longer period.
The arrest warrant came after Judge Cha Eun-kyung personally questioned Yoon and found there was a chance he might tamper with evidence, according to the Yonhap News Agency, which is semi-official in South Korea.
His legal team said Yoon made an appearance at the hearing on Saturday to explain in his own words that declaring martial law was lawful and should not be considered grounds for an insurrection accusation. Meanwhile, a large number of his loyalists stood outside the courthouse waving both South Korean and American flags while chanting in his favor.
Once Yoon was arrested, some members of the crowd became violent, smashing windows and damaging the building’s exterior. Local police confirmed that an investigation is underway into the damage caused.
He was brought to the court by a convoy of police vehicles and SUVs, leaving from the detention center where he had already been confined following his arrest by South Korea’s agency that investigates corruption among top officials.
Martial Law Declaration Sparks Backlash
The events that landed Yoon in this situation began with his declaration of martial law last month. That decision stood out as one of the most extreme actions taken by any president in the country’s modern era.
On December 3, Yoon issued the first martial law order in over 40 years. He followed it up by directing the arrest of high-ranking lawmakers from both political sides, according to a top intelligence officer who shared the information during a closed-door hearing, as stated by one of the attending committee members.
He then sent military personnel to the National Assembly located in western Seoul. But lawmakers responded quickly by voting to cancel the martial law order. That action forced Yoon to pull back the troops and cancel the declaration.
On December 14, legislators carried out their second impeachment attempt against him and succeeded. This immediately halted his powers as head of state.
Since the impeachment, Finance Minister Choi Sang-mok has taken over Yoon’s responsibilities as acting president. Meanwhile, the Constitutional Court is carrying out hearings to decide whether Yoon should return to office or be permanently removed.
The court has up to 180 days to issue a final decision. If they choose to remove him, South Koreans will be called to elect a new president within two months.
Investigations have been taking place on several fronts, involving prosecutors, military officials, police, and the country’s corruption watchdog. They are all reviewing the events of December 3 and treating them as actions that may meet the legal definition of insurrection.
That charge carries the possibility of the death penalty in South Korea. Although capital punishment is legal there, no execution has been carried out since 1997. Because of this, Amnesty International describes the country as one that no longer applies the death sentence in practice.
While sitting presidents in South Korea are normally shielded from criminal prosecution, that protection does not apply when the charges are related to treason or insurrection.
Detention and Police Operation
After the impeachment, Yoon mostly stayed out of the public eye inside his official residence in central Seoul. Even though authorities issued three separate orders requesting his appearance for questioning, he refused each one.
Because of his refusal, a detention warrant was issued that allowed officials to hold him for 48 hours, but attempts to serve the warrant failed. His presidential security detail had blocked law enforcement from entering the compound.
Eventually, Yoon gave himself up on Wednesday. He explained that he chose to surrender to prevent a violent conflict between police and his bodyguards.
More than 3,000 officers were involved in the operation. Officers had to use wire cutters and ladders to gain entry into the premises. Since his arrest, Yoon has not received any special or privileged treatment during his detention.
