South Korea: Yoon to Attend Court Hearing on Formal Arrest Warrant

Seoul: Legal representatives for impeached President Yoon Suk Yeol announced on Saturday that Yoon has decided to attend a court hearing regarding an arrest warrant against him. The hearing will address the legitimacy of his controversial martial law decree.

Yoon’s Decision to Attend the Hearing

Yun Gap-keun, one of Yoon’s lawyers, confirmed the decision in a text message sent to reporters. Yoon intends to attend the hearing to explain the legitimacy of the martial law declaration and restore his reputation following the botched decree on December 3.

Denial of Insurrection Charges

During the hearing, scheduled for 2 p.m., Yoon is expected to deny the charges of insurrection, which were imposed by the Corruption Investigation Office for High-ranking Officials (CIO). The anti-corruption agency has sought a formal arrest warrant from the Seoul Western District Court, following Yoon’s apprehension and questioning at his residence.

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Investigation into Martial Law Declaration

The CIO is leading a joint investigation with the police and the military to determine whether Yoon’s martial law declaration constituted an attempted insurrection. Yoon’s legal team, however, argues that the CIO does not have the authority to investigate insurrection charges.

Potential Consequences of the Hearing

If the court grants the arrest warrant, Yoon would become the first sitting president in South Korea’s history to be formally arrested. If the warrant is rejected, Yoon is expected to return to the presidential residence and continue asserting that the investigations into his martial law decree and impeachment are unfounded.

Controversy Over the Martial Law Decree

Yoon’s decision to impose martial law on December 3 sent shockwaves through South Korea, triggering political turmoil. The decree lasted only several hours before the National Assembly voted to lift the measure. Yoon’s lawyers maintain that the martial law was a necessary governance action during a national crisis caused by the opposition-led impeachments of cabinet members, legislative gridlock, and a unilateral budget reduction.

Suspension of Presidential Powers and Legal Challenges

Yoon’s presidential powers were suspended on December 14 after the opposition-dominated Assembly voted to impeach him. Following his detention, Yoon refused to appear for questioning regarding his martial law decision.

On Wednesday, Yoon’s legal team requested that the Seoul Central District Court review the legality of the detention warrant issued by the Western District Court. However, the central court dismissed the challenge the following day, keeping him in custody.

Legal Arguments and Challenges

Despite the court ruling, Yoon’s legal team plans to argue that the CIO does not have legal authority to investigate the insurrection charges and that the Western District Court lacks jurisdiction over the martial law case. Additionally, they will argue that concerns over evidence tampering and flight risks are unfounded, as much of the required evidence has already been secured and Yoon, as a sitting president, does not pose a flight risk.