Why South Korea’s President has been arrested

South Korean investigators have arrested the suspended President Yoon Suk Yeol, who is being questioned.

It comes a month after President Yoon put the country under martial law (military control), before he wasto walk back his decision.

If found guilty, Yoon could face the death penalty or life imprisonment.

Background

In 1987, South Korea became a democracy, following decades of military rule. The country is governed by a democratically elected President and Parliament.

President Yoon, from the conservative People Power Party (PPP), was elected in 2022.

Despite Yoon’s election, the opposing Democratic Party of Korea (DP) holds a parliamentary majority, making it difficult for the PPP to enact policy.

Recently, the DP and the PPP have disagreed about the federal budget.

Martial law

The South Koreanallows the President to declare martial law, allowing the military to take control during war, armed conflict and similar national emergencies.

Martial law declarations override civil rights like freedom of speech and public gatherings.

On 3 December, President Yoon made a late-night televised address announcing South Korea was under martial law due to “the threat of North Korean communist forces” and the opposition, which he described as “anti-state forces”.

The announcement was met with widespread backlash and MPs raced to Parliament to vote to end military law within hours.

Following mass public protests, MPs (including from Yoon’s party) participated in a secret vote to remove Yoon from office on 14 December.

This impeachment motion passed 204 votes to 85. Prime Minister Han Duck-soo, who leads the PPP, was appointed Acting President.

Yoon’s leadership powers have been suspended, but he has not been officially removed from office.

Trial

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Police have been investigating Yoon for corruption and insurrection over his decision to declare martial law.

In South Korea, the maximum penalty for leading a rebellion is death. However, no one has been executed there since 1997.

Yoon has denied wrongdoing, arguing the martial law declaration was in response to a legitimate threat, and was therefore lawful.

Earlier this month, a court in Seoul issued a warrant for Yoon’s arrest. The court also ordered searches of his home and office.

Prosecutors were blocked from conducting searches or arresting Yoon, who was under the protection of the Presidential security service.

Yoon’s impeachment trial began yesterday, but was suspended after four minutes because Yoon did not show up.

Arrest

Investigators detained Yoon in front of hundreds of protesters and supporters camped outside his Seoul residence.

Police used ladders to climb over barricades set up by the president’s security service.

Anti-corruption investigators are now questioning Yoon over his declaration of martial law. They must release him after 48 hours and will be able to formally arrest him after that.

It will be the first time a serving leader has been arrested in South Korea.

What next?

Yoon is expected to be charged with abuse of power and insurrection.

President Yoon delivered a video message before his arrest, where he called the investigation “illegal” and said he agreed to authorities’ questioning to avoid “unsavoury bloodshed”.

The Opposition Democratic Party called Yoon’s detention the “first step to restoring the constitutional order and democracy”.