A district court in Seoul issued a warrant to detain President Yoon Suk Yeol, approving a request from the Corruption Investigation Office for High-ranking Officials after the president declined three summonses in an investigation into alleged insurrection and abuse of power. This marks a shameful precedent, as it is the first time a sitting president in Korea has had a detention warrant issued against him. While former presidents have been arrested, this only occurred after they left office. The Korean presidency has never been an easy position, but the current president holds the privilege of criminal immunity, with exceptions made in cases of insurrection or treason.
The corruption investigation office, known as CIO, and the Seoul Western District Court, mulled over the impact of issuing a warrant to detain a sitting president. The decision is undoubtedly one driven by desperation to return to normalcy after the turmoil — both political and legal — sparked by the president's brief imposition of martial law and his subsequent impeachment by parliament. The president's lawyers expressed "shock and disbelief" at the warrant, arguing that the CIO lacked the legal authority to investigate the charges, rendering the warrant illegal. Since the CIO has been working with the Ministry of National Defense as well as the police, which holds jurisdiction over insurrection investigations, the dispute over authority was somewhat weak. However, the court has since clarified its position, citing the necessity of the warrant.
It would be foolhardy for them to refute a court decision. As a former prosecutor, Yoon cannot simply ignore a detention warrant. The president, who said he would focus on the impeachment review at the Constitutional Court, should also cooperate with the joint criminal investigation.
A similar move, reflecting an underlying desire for normalization, was made by new acting President Choi Sang-mok. Unlike his predecessor, former acting President Han Duck-soo, Choi appointed two of the three required justices to fill the nine-member Constitutional Court. Choi, who also serves as deputy prime minister and finance minister, emphasized the urgency of "ending political uncertainty and social conflict as soon as possible, to prevent potential crises in the economy and people's livelihoods."
These decisive actions should help the president realize that the public and the nation are yearning for a return to normalcy and a sense of stability.
Despite claiming that he would take accountability for the brief Dec. 3 martial law declaration, Yoon has been resisting cooperation in the investigation into allegations of insurrection and abuse of power. He maintains that the imposition of martial law was an exercise of his powers to counter the opposition's hard-line push to impeach senior government officials and cut the government budget for the new year. Meanwhile, his former Defense Minister Kim Yong-hyun is now in jail and indicted on these charges. Additionally, his former chiefs of the Capital Defense Command and the Defense Counterintelligence Command have also been indicted, and the head of the Korean National Police Agency has been arrested.
The president should prioritize the interest of the public and the well-being of the nation over personal concerns. To do so, he would be wise to voluntarily appear before the investigators. His cooperation will demonstrate that he is honoring his commitment to assume responsibility for the martial law debacle and help dispel any doubts about the possibility of a sitting president — albeit with powers suspended — attempting to evade the joint investigation. A new year has arrived, and this turmoil gripping the country should mark the beginning of a fresh start, if not an entirely new chapter. This requires each of us to uphold the procedural and peaceful workings of Korea's democracy.