Seoul [South Korea], December 19: South Korea's impeached President Yoon Suk Yeol is delaying investigations into his declaration of martial law and risks arrest if he tries to resist.
Mr. Yoon may be arrested.
Yonhap news agency reported yesterday that Yoon Suk Yeol continued to ignore the summons from the investigation agency related to the declaration of martial law on December 3. The prosecution agency and the joint investigation team of the police, the Corruption Investigation Office for Senior Officials (CIO) and the Ministry of National Defense have opened separate criminal investigations into Yoon and others related to the declaration of martial law. Yoon is accused of rebellion and abuse of power for unconstitutional purposes. He has also been banned from leaving the country and suspended from his position after the National Assembly passed an impeachment resolution on December 14.
Due to his deliberate failure to comply with the summons, the investigative authorities are considering the possibility of seeking an arrest warrant if Mr. Yoon continues to be stubborn. According to The Korea Herald, the criminal law allows the investigative authorities to seek an arrest warrant from the court if there is reason to believe that the suspect has committed a crime and has failed to comply with the summons without reasonable cause.
On December 17, Yoon's lawyer Seok Dong-hyun said it was inappropriate for investigators to summon a sitting president. The Presidential Security Service also blocked investigators from inspecting the server system at the presidential office on December 18. Yoon faces life in prison or even the death penalty if convicted, according to AFP.
Self-defense
The criminal investigation comes as the Constitutional Court of South Korea is also considering an impeachment resolution against President Yoon. Yesterday, the court ordered Mr. Yoon to provide the text of the martial law decree and the minutes of two cabinet meetings before and after its declaration.
Meanwhile, lawyer Seok said President Yoon will defend himself in the upcoming impeachment trial. "I expect the president to present his arguments and give a clearer testimony than the lawyers. The president will confidently present his views in court," Seok said. Yoon has 27 years of experience as a prosecutor and previously served as South Korea's attorney general. Observers say the leader's willingness to defend himself reflects his belief that his actions on December 3 were legitimate. In a speech before being impeached by the National Assembly, Yoon asserted that the president's power to declare martial law is a legitimate administrative act like the power to pardon and diplomatic power.
Choi Chang-ryul, a political science professor at Yong In University in South Korea, told The Korea Times that Yoon's self-defense appeared to be an attempt to rally support but would not influence the court's decision. Chung Tae-ho, a law professor at Kyung Hee University in South Korea, said that self-defense is not easy and that even famous lawyers who are prosecuted have to rely on their own legal teams. "It is unrealistic to think that being a long-time prosecutor automatically makes someone an effective defender in court," Chung said.
The court will hold its first preliminary hearing on December 27, but Mr. Yoon is not required to appear. If the court agrees with the National Assembly, President Yoon will be removed from office and a new election will be held within the next 60 days. Otherwise, he will be reinstated.
Source: Thanh Nien Newspaper
