Seoul, South Korea
CNN
—
The fate of South Korean President Yoon Seok-yeol becomes a dramatic political showdown after the suspended president failed to appear in court for the first day of his impeachment trial on Tuesday, despite having evaded arrest for weeks. Due to the delay in what was supposed to happen, fate still hangs in the balance.
Yun was appointed by the Presidential Security Service (PSS) after briefly declaring martial law in December, sparking widespread public anger and protests and plunging the country into its biggest political crisis in decades. He is trapped in a fortress mansion surrounded by his team.
The former prosecutor-turned-politician was stripped of his presidential powers last month after Congress passed an impeachment resolution for the executive order. The country’s Constitutional Court now has the final say on whether to formally remove him from office or reinstate him.
Tuesday’s court session lasted just four minutes because the president refused to appear. However, the hearing scheduled for Thursday will proceed with or without Yoon’s presence.
The National Assembly’s impeachment committee is seeking “a swift decision to remove the president in order to restore the destroyed democracy and constitutional order and quickly resolve economic uncertainty,” one of the committee’s lawyers said. Lee Kwang-beom said.
South Korea’s Yonhap news agency said Yoon had previously indicated through his lawyer that he would not attend Tuesday’s hearing due to safety concerns about being detained for questioning.
Yun is being questioned in multiple investigations, including for allegedly leading an insurrection, a crime punishable by life in prison or even the death penalty.
Yun maintains that he acted legally in imposing martial law and considers the warrant “illegal and invalid.” “I will fight to the end,” he told his supporters.
The suspended leader has been barricaded for weeks in a heavily fortified hillside compound in the capital Seoul, outside the gates of which hundreds of fervent conservative supporters have been shouting at him. I have sworn to protect.
Supporters fear that Mr. Yoon will be detained if he leaves his home to attend the impeachment hearings. Rival protesters also braved the cold conditions to demand his arrest.
Corruption investigators are determined to execute the arrest warrant against Yun, marking the first time such action has been taken against a sitting president.
Tensions erupted earlier this month when investigators tried to detain Mr. Yoon at his official residence, resulting in a “human wall” of dozens of police, about 200 soldiers and presidential security forces. A dramatic hours-long standoff ensued.
The arrest attempt was later called off, with investigators citing the safety of those at the scene, but the arrest warrant was extended.
A video shared last week by CNN affiliate JTBC showed barbed wire being installed on the walls surrounding the compound and the entrance blocked off by vehicles, apparently to thwart an expected second attempt to capture Mr. Yoon. .
Yun also filed legal charges against those who tried to arrest him, including the head of the National Anti-Corruption Bureau.
Political destiny is in the hands of the Supreme Court
Yun swiftly rescinded his late-night declaration of martial law on December 3 after parliamentarians pushed through security forces blocking their way into parliament and rejected the order.
Afterwards, several members of the ruling party viewed Yun as an enemy, and the National Assembly voted to impeach him. Congress also voted to impeach Han Deok-soo, the country’s prime minister and acting president. Minister of Finance Choi Sang-mok currently serves as acting president.
The Constitutional Court has up to 180 days to decide whether to uphold the impeachment resolution and has vowed to give the case its “highest priority.”
Complicating the deliberations, there are currently only eight judges on the nine-member court due to delays in filling vacancies for retired judges.
Acting President Choi recently filled two of three vacancies on the court appointed by Congress, and the remaining posts will be reviewed by the court later this month.
Under South Korea’s constitution, at least six judges must approve an impeachment for it to be upheld.
If the Constitutional Court upholds Yoon’s impeachment, he will become the president with the shortest tenure in South Korea’s democratic history. The country must then hold new presidential elections within 60 days.
Mr. Yoon has been suspended from exercising his authority, but has not been formally dismissed. That means the president is immune from most criminal charges, except for riot and treason charges.
South Korea’s police, military and anti-corruption agencies have formed a joint investigation team to investigate charges of rebellion and abuse of power against Mr. Yoon. Meanwhile, prosecutors are investigating key figures involved in the martial law operation, including the commander and the defense minister.
According to the CIO, Yun has refused to comply with three subpoenas for his cooperation in recent weeks.
Much of the spotlight has been on the presidential security team, the PSS, which is accused of acting like Yun’s personal bodyguard. The CIO previously said it would be “virtually impossible to execute warrants” at Yun’s residence as long as security was maintained at his residence.
However, corruption investigators appear to be making a second attempt to arrest the suspended president.
The CIO on Sunday urged the Defense Ministry to ensure that soldiers sent to the security team protecting Mr. Yun do not interfere with efforts to arrest him.
It also said security teams should avoid “illegal activities” such as mobilizing guards for off-duty work, warning that disruption could lead to criminal penalties.
There is also confusion over which agency has jurisdiction to execute arrest warrants. Yoon’s lawyer on Monday accused police of complicity in “illegal arrest and abuse of power” and that “evidence obtained through such actions is considered illegal.”
Yun’s lawyers argue that the warrant should be executed by the CIO, not the police. However, South Korean law provides that police have the authority to assist other authorities in carrying out their official duties.
On Friday, Mr. Yoon’s PSS head, Park Chung-jun, resigned before he could be questioned by police over his role in preventing Mr. Yoon’s arrest, the security team said.
Once the warrant is executed, a 48-hour countdown will begin for investigators to detain and interrogate Yoon. The CIO would have to apply for a new warrant within that period to make a formal arrest.
This story has been updated with additional information.
