South Korean court issues arrest warrant for President Yoon Suk-yeol

"At the request of the interagency investigation team, an arrest warrant and search warrant for President Yoon Suk-yeol were issued this morning," the team, which includes the Corruption Investigation Office of Senior Officials (CIO), the special investigation arm of the Korean National Police Agency and the investigation arm of the Ministry of National Defense, said on December 31.

The Seoul Western District Court issued an arrest warrant for Yoon on charges of ordering the illegal declaration of martial law on December 3, orchestrating the rebellion and abusing power, sources said.

The CIO, which is leading the investigation into martial law, asked the court on December 30 to approve an arrest warrant for the president after Mr. Yoon failed to comply with summons for questioning three times and refused to allow investigators to search his office.

The arrest warrant is valid until January 6, 2025. However, it is unclear whether the CIO can execute the warrant, as the Presidential Security Service previously blocked investigators from entering the office complex and his residence, citing military security concerns.

Under South Korean law, locations potentially related to military secrets such as the Presidential Palace cannot be searched without the consent of the person in charge.

Mr. Yoon enjoys presidential immunity from criminal prosecution, but this privilege does not apply to charges of rebellion and treason.

CIO Director Oh Dong-woon asserted that unlike search warrants, arrest or detention warrants issued by courts cannot be legally obstructed, even by the president.

This is the first time an arrest warrant has been issued for a sitting South Korean president. Mr. Yoon's lawyer said the warrant was "illegal and invalid." Acting leader of Mr. Yoon's People Power Party (PPP), Kweon Seong-dong, said it was inappropriate to issue an arrest warrant for a sitting president.

Kim Yong-min, an opposition Democratic Party lawmaker, said "the process of executing an arrest warrant and conducting an investigation can be very difficult", calling on authorities to immediately carry out the orders issued by the court.

Supporters and opponents of Mr Yoon gathered outside the presidential residence in central Seoul and the two groups got into an argument last night. Police were deployed to the area early this morning to prevent fighting.

On December 14, the South Korean National Assembly voted to impeach Mr. Yoon over the martial law, suspending him from his positions and powers. However, he will still be able to hold the title of President while waiting for the Constitutional Court to make a decision.

The court has 180 days from December 14 to make a decision. The president will be removed from office if at least six of the nine Constitutional Court judges support impeachment. However, the court is currently vacant with three judges.

According to the indictment released by prosecutors last weekend, President Yoon authorized the military to open fire when they stormed the National Assembly building on the night of December 3. The soldiers were ordered to prevent lawmakers from voting to block the martial law decree, but were unsuccessful.

Mr Yoon faces charges of abuse of power and rebellion, which carry penalties of up to life in prison or even the death penalty.

President Yoon’s martial law declaration has plunged South Korea into its biggest political crisis in decades, deepened by the impeachment of his replacement, Prime Minister Han Duck-soo, for refusing to sign bills to investigate the president and appoint judges to the Constitutional Court.

After Mr. Han was impeached, Deputy Prime Minister and Finance Minister Choi Sang-mok became acting President and acting Prime Minister.