South Korean leader could be arrested before second round of impeachment vote
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A protester wears a mask with South Korean President Yoon Suk Yeol's face at a rally calling for his impeachment in Seoul on Dec 11.
PHOTO: REUTERS
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SEOUL – The walls are closing in on South Korean leader Yoon Suk Yeol as a second impeachment motion, set for a Dec 14 vote
But the President could be arrested even before that happens, observers say.
He is being investigated concurrently by three separate agencies for declaring martial law
South Korean police raided Mr Yoon’s office
They had earlier raided the office and residence of former defence minister Kim Yong-hyun
National police commissioner Cho Ji-ho and Seoul Metropolitan Police Agency Commissioner Kim Bong-sik were also arrested early on Dec 11
The two were charged with mobilising police officers to block lawmakers’ access to the National Assembly after martial law was declared on Dec. 3.
Separately, the prosecution’s office announced on Dec 11 that it has gathered multiple testimonies alleging that Mr Yoon had directed the entire martial law process
While impeachment would remove him from office, the criminal charges of insurrection will see Mr Yoon face either the death penalty or indefinite imprisonment.
South Korean law precludes a sitting president from prosecution except on charges of treason and insurrection.
Mr Yoon is also facing allegations of using his powers to block lawmakers from entering the National Assembly to vote on a repeal, and also ordering the arrest of several key politicians, including his own ruling People Power Party’s (PPP) chief Han Dong-hoon.
The prosecution arrested Mr Kim Yong-hyun on Dec 8. The former defence minister attempted suicide in the detention facility on Dec 11, reportedly using a shirt and underwear, but was discovered in time. He is unhurt.
The third agency investigating Mr Yoon is the Corruption Investigation Office for High-ranking Officials (CIO), which slapped him with a travel ban
Kyonggi University’s professor of political science and law Hahm Sung-deuk told The Straits Times that there are two scenarios that would lead to an immediate arrest for Mr Yoon.
One would be a confession from Mr Kim Yong-hyun that Mr Yoon had masterminded the Dec 3 plot. As at Dec 10, the former defence minister was still maintaining that “all responsibility for this situation” laid solely with him.
A second scenario would be if the investigators unearth sufficient evidence of Mr Yoon’s wrongdoings.
This would be the more likely scenario, which may happen very soon, Prof Hahm predicted, as the three agencies are in a race to complete investigations first, in a bid to showcase their competency.
The opposition-led National Assembly passed a Bill
The permanent special counsel will conduct an investigation independent of the other agencies, to minimise potential interference by the President or the government.
But a fourth party joining the fray would actually slow down the court process, said Seoul National University law professor Lee Jae-min.
“The criminal court will have a hard time trying to deconflict the various investigations and charges, and this might take a long time,” he told ST, adding that ordinarily, the prime minister or the justice minister would step in and make them cooperate with one another.
“But this martial law case is an extraordinary incident involving the president, and it appears that nobody has the authority to make that decision.”
On top of his legal troubles, Mr Yoon also faces a higher likelihood of impeachment in the National Assembly’s vote on Dec 14.
An earlier impeachment motion on Dec 7
Mr Yoon is believed to prefer the impeachment route, as he is raring to argue the legitimacy of his martial law declaration at South Korea’s Constitutional Court.
The unusual circumstances of the martial law fiasco have also led to much confusion over what happens if a sitting president is arrested and detained, something that the South Korean Constitution does not cover, said law professor Lim Ji-bong from Seoul’s Sogang University.
“It is such an unprecedented incident, and no one actually envisioned the possibility of it,” he told foreign journalists at a press briefing on Dec 11.
In the case of former president Park Geun-hye, she was impeached and suspended from duties in March 2017 before being arrested three weeks later.
She was sentenced to 25 years in prison in April 2018 for abuse of power and coercion, but was pardoned by her successor Moon Jae-in in December 2021.
Although it is technically possible for Prime Minister Han Duck-soo to serve as caretaker of the government
In fact, more than half of the Cabinet ministers who had attended a meeting just before Mr Yoon’s martial law declaration are now facing possible impeachment motions as well, for failing to prevent the debacle.
As the meeting included Deputy Prime Minister Choi Sang-mok, it leaves Deputy Prime Minister Lee Ju-ho as the next possible interim leader, says Prof Lim.
Mr Lee had confirmed in a written statement to the National Assembly on Dec 9 that he was not in attendance at the Cabinet meeting, as he had not been notified to attend.
Meanwhile, Mr Yoon has stepped back from active duty, with Prime Minister Han and PPP party chief Han Dong-hoon announcing on Dec 8 that they would cooperate closely on state affairs.
But this arrangement has been criticised as unconstitutional.
Prof Lim pointed out that the party chief is not an elected public official, and therefore should not hold any authoritative powers.
“Political crises cannot be resolved through legally baseless statements or actions,” he said. “It is a dangerous situation, and any deviation from clear legal principles only increases confusion and risk.”
The cleanest solution out of the constitutional confusion and leadership vacuum, Prof Hahm said, would be for Mr Yoon to resign, and for a snap presidential election to be called within 60 days of the President’s departure.
