Impeached South Korean president to appear in court hearing to argue against his arrest

Impeached president called

Photo: The Canadian Press

Supporters of impeached South Korean President Yoon Suk Yeol stage a rally to oppose his impeachment outside the Seoul Western District Court in Seoul, South Korea, Saturday, Jan. 18, 2025. (AP Photo/Ahn Young-joon)

South Korea’s impeached president will appear at a hearing in a Seoul court on Saturday to oppose a formal arrest over last month’s imposition of martial law, his lawyers said.

Yoon, who has been in detention since he was apprehended on Wednesday in a massive law enforcement operation at his residence, faces potential rebellion charges linked to his declaration of martial law on Dec. 3, which set off the country’s most serious political crisis since its democratization in the late 1980s.

The Corruption Investigation Office for High-Ranking Officials, which is leading a joint investigation with police and the military, requested the Seoul Western District Court to grant a warrant for Yoon’s formal arrest. Yoon is expected to argue that there’s no need for him to be in custody during an investigation at a hearing set for 2 p.m. this afternoon. The judge is anticipated to make a decision by late Saturday or early Sunday.

After meeting Yoon at the detention center, Yoon Kab-keun, one of the president’s lawyers, said in a text message that Yoon had accepted his legal team’s advice to appear personally before the judge. The president plans to argue that his decree was a legitimate exercise of his powers and that accusations of rebellion would not hold up before a criminal court or the Constitutional Court, which is reviewing whether to formally remove him from office or reinstate him, his lawyer said.

Hundreds of supporters rallied overnight at the court, calling for Yoon's release.

If Yoon is arrested, investigators can extend his detention to 20 days, during which they will transfer the case to public prosecutors for indictment. If the court rejects the investigators’ request, Yoon will be released and return to his residence.

Nine people, including Yoon’s defense minister, police chief, and several top military commanders, have already been arrested and indicted for their roles in the enforcement of martial law.

The crisis began when Yoon, in an attempt to break through legislative gridlock, imposed military rule and sent troops to the National Assembly and election offices. The standoff lasted only hours after lawmakers who managed to get through a blockade voted to lift the measure. The opposition-dominated assembly voted to impeach him on Dec. 14.

If Yoon is formally arrested, it could mark the beginning of an extended period in custody for him, lasting months or more.

If prosecutors indict Yoon on rebellion and abuse of power charges, which are the allegations now being examined by investigators, they could keep him in custody for up to six months before trial.

Under South Korean law, orchestrating a rebellion is punishable by life imprisonment or the death penalty.

Yoon’s lawyers have argued that there is no need to detain him during the investigation, saying he doesn’t pose a threat to flee or destroy evidence.

Investigators respond that Yoon ignored several requests to appear for questioning, and that the presidential security service blocked an attempt to detain him on Jan. 3. His defiance has raised concerns about whether he would comply with criminal court proceedings if he's not under arrest.