President Yoon Suk Yeol delivers a public statement at the presidential office in Yongsan District, Seoul, Dec. 12. In his statement, Yoon argued that his act of governance, including the declaration of martial law, fall outside the scope of judicial review. Yonhap

Investigators are seeking an arrest warrant for President Yoon Suk Yeol over his short-lived imposition of martial law, making him the first sitting president in the nation's history to face arrest, a joint investigation team said Monday.

The team, consisting of the Corruption Investigation Office for High-ranking Officials (CIO), the National Police Agency and the investigation unit of the Ministry of National Defense, requested the Seoul Western District Court to issue an arrest warrant at midnight on Sunday. Yoon is being charged with insurrection and abuse of power.

The CIO had previously summoned Yoon three times for questioning, identifying him as the leader of the alleged insurrection and a suspect in abuse of authority. However, Yoon did not comply with any of the summonses. He refused to accept the requests, submit a power of attorney, or engage in discussions to adjust the schedule.

The president's failure to comply with a third summons on Sunday, following earlier summonses on Dec. 18 and 25, prompted investigators to pursue measures for his forced detention. A third summons is typically the final step before requesting an arrest warrant.

Under the Criminal Procedure Act, an investigative agency can request an arrest warrant from the court if a suspect repeatedly refuses to cooperate without justifiable reasons. This allows authorities to detain the individual by force.

Along with the arrest warrant, the joint investigation team also requested a search warrant for the president's residence.

It remains uncertain whether the arrest will proceed, as it depends on factors such as the court's decision to issue the warrant and potential conflicts with the Presidential Security Service during its execution.

Investigators said they are preparing for the possibility of resistance from the Presidential Security Service in carrying out the warrant.

The legal community has also noted that a refusal or obstruction by the security service in executing a court-issued arrest warrant could amount to obstruction of official duties, which is a punishable offense.

In response to the arrest warrant request, Yun Gap-geun, a legal representative for the president, said he submitted a statement of opinions to the court later in the day regarding the warrant request and the appointment of lawyers, along with Kim Hong-il, former head of the Korea Communications Commission and the chief representative of Yoon's legal team.

In a statement, Yun argued that the CIO lacks the authority to request an arrest warrant, claiming that the request is unlawful and should be dismissed.

He also criticized the charges, saying, "Treason is an exceptionally grave offense compared to abuse of power, and linking such a minor charge to treason lacks legal validity."

According to Yoon's defense, there is no evidence of intent to disrupt constitutional order or incite treason, which makes the allegations lack sufficient legal merit. He also asserted that the imposition of martial law falls within the president's constitutional authority.

Addressing Yoon's failure to comply with three summonses, Yun asserted that it was not a refusal but a result of legitimate concerns. He cited overlapping investigations, repeated summons within a short period and a lack of coordination on safety and security measures for the sitting president as reasons for Yoon's refusal to appear before investigators.

Yoon's side has maintained that the president will not comply with the investigation at this time, emphasizing that the Constitutional Court's impeachment trial takes precedence.