Former Defense Minister Kim Yong-hyun was formally arrested Wednesday on charges of helping President Yoon Suk Yeol stage an insurrection through his short-lived imposition of martial law last week.
The Seoul Central District Court issued a warrant for his arrest after prosecutors accused Kim of engaging in "essential" activities in insurrection and abusing his power to obstruct the exercising of rights when martial law was in place for six hours between Tuesday and Wednesday last week.
Kim is the first person to be formally arrested over the events.
"We considered the degree to which the charges are supported, the gravity of the crime and concerns he will destroy evidence," the court said in issuing the warrant.
The court also determined that Kim's alleged crimes were within the scope of crimes the prosecution is authorized to investigate.
With Kim's formal arrest, the prosecution's investigation into Yoon's insurrection charges is expected to pick up pace. Yoon has been booked as a suspect and barred from traveling overseas.
Under the law, a president is immune from prosecution while in office, except in cases of insurrection.
In seeking Kim's arrest, the prosecution accused him of "conspiring with President Yoon to start a riot with the aim of subverting the national Constitution."
Prosecutors suspect the then defense minister proposed the declaration of martial law to Yoon and ordered the deployment of troops to the National Assembly compound and the National Election Commission headquarters.
They also suspect Kim wrote the martial law decree in consultation with Yoon to include unconstitutional restrictions on the authority of the National Assembly.
Kim forwent a court hearing Tuesday that reviewed whether to issue the warrant, saying through his legal counsel that he deeply apologized for causing great anxiety and inconvenience to the people.
Prosecutors have questioned Kim three times since he was taken into custody Sunday after he voluntarily appeared for the investigation.
Kim reportedly conceded during questioning that he proposed martial law to Yoon but claimed his actions were neither illegal nor unconstitutional.
By law, the ringleader of an alleged insurrection could face the death penalty or imprisonment for life. Those who participate in plotting an insurrection or engage in other "essential" activities could be punished by death, with life imprisonment or a prison term of at least five years. (Yonhap)