Seoul, South Korea
CNN
—
South Korea appears set for a dramatic political showdown this week with the start of impeachment proceedings against suspended President Yoon Suk Yeol, who remains holed up in his fortified residence to evade arrest for a separate criminal investigation.
The embattled leader’s short-lived declaration of martial law in December sparked widespread outrage and protests and plunged the country into its biggest political crisis in decades.
For weeks, Yoon has barricaded himself in his hillside compound in the capital Seoul, surrounded by his team from the Presidential Security Service (PSS), while outside the gates, hundreds of his conservative supporters diehards swore to protect him.
Yoon indicated through his lawyer that he would not attend the first formal hearing in his impeachment trial on Tuesday, citing security concerns over efforts to detain him for questioning, according to the news agency. South Korean Yonhap.
The former prosecutor turned politician was stripped of his presidential powers last month after declaring martial law, and is wanted for questioning in connection with several investigations, including allegations that he led an insurrection – a a crime punishable by life imprisonment or even the death penalty.
Yoon maintains he acted legitimately in declaring martial law and considers the mandate “illegal and invalid.” He told his supporters that he would “fight to the end.”
Supporters fear Yoon could be arrested if he leaves his residence to attend the impeachment hearings. Rival protesters also braved the cold to demand his arrest.
Corruption investigators are determined to execute the arrest warrant against Yoon – the first time such a step has been taken against a sitting president.
Tensions exploded earlier this month when investigators attempted to arrest Yoon at his residence, leading to a dramatic hours-long standoff between dozens of police officers and a “human wall” of around 200 soldiers and members of presidential security .
The attempted arrest was later called off, with investigators citing the safety of those on the ground, although the arrest warrant was extended.
In an apparent effort to thwart an expected second attempt to arrest Yoon, barbed wire was erected on walls around the compound and entrances were blocked by vehicles, according to a video shared last week by JTBC affiliate at CNN.
Yoon also filed complaints against those who tried to arrest him, including the head of the national anti-corruption agency.
Political destiny is in the hands of the highest court
Yoon quickly reversed his declaration of martial law on Dec. 3 after lawmakers overtook security forces blocking access to parliament and voted against the decree.
The National Assembly later voted to impeach Yoon after several members of his own ruling party turned against him. Parliament also voted to impeach the country’s prime minister and interim president, Han Duck-soo. Finance Minister Choi Sang-mok is now acting president.
The country’s Constitutional Court has the final say on Yoon and Han’s political fate and will determine whether they will be officially removed from office or reinstated.
Closing arguments in Yoon’s trial begin Tuesday, with five sessions scheduled through Feb. 4. If Yoon does not appear on Tuesday, a second hearing will be held on Thursday, with or without his presence.
The court has up to 180 days to decide whether to uphold or reject the impeachment vote, and has pledged to make the case a “top priority.”
Complicating the court’s deliberations is that the nine-member court currently has only eight judges, due to a delay in filling vacancies left by retired judges.
Acting President Choi recently filled two of the three vacancies on the Court appointed by Parliament, and the remaining position will be reviewed by the Court later this month.
Under South Korea’s constitution, at least six judges must approve an indictment for it to be confirmed.
If the Constitutional Court upholds Yoon’s impeachment, he will become the shortest-serving president in South Korea’s democratic history. The country will then have to organize new presidential elections within 60 days.
Although Yoon was suspended from exercising his powers, he was not officially removed from office. That means he still enjoys presidential immunity from most criminal charges — except for insurrection or treason.
South Korea’s police, military and anti-corruption body formed a joint investigation team to look into charges of insurrection and abuse of power against Yoon. Meanwhile, prosecutors are investigating key figures involved in the martial law operation, including commanders and the defense minister.
Yoon has refused to respond to three summons in recent weeks requesting his cooperation, according to the Corruption Investigation Office of Senior Officials (CIO).
Meanwhile, corruption investigators appear to be continuing their second attempt to arrest the suspended president.
On Sunday, the IOC said it had asked the Defense Ministry and the presidential security team to cooperate in enforcing the arrest and search warrant against Yoon.
Much of the attention has fallen on the presidential security team, the PSS, which has been accused of acting as Yoon’s personal bodyguards. Previously, the IOC said “it is virtually impossible to execute a warrant” at Yoon’s home as long as security remains in place.
The IOC on Sunday asked the country’s Defense Ministry to ensure that soldiers sent to the security team protecting Yoon do not disrupt efforts to stop him.
He also said the security team should avoid any “unlawful acts” such as mobilizing security personnel for tasks outside of their duties, and warned that any disruption could result in criminal sanctions.
There is also some confusion over which agency has jurisdiction to execute the arrest warrant. Yoon’s lawyers on Monday accused police of being complicit in an “unlawful arrest and abuse of power” and that “any evidence obtained through such actions would be considered illegal.”
Yoon’s lawyers argue that the warrant should be executed by the IOC and not the police. South Korean law, however, stipulates that police are allowed to assist other authorities in carrying out their public duties.
Yoon’s PSS chief Park Chong-jun submitted his resignation on Friday before being questioned by police over his role in blocking Yoon’s arrest, according to the security team.
Once the warrant is executed, a 48-hour countdown begins for investigators to detain and question Yoon. The IOC will have to request another mandate within this deadline to officially stop it.