In a major setback for South Korea's impeached President Yoon Suk Yeol, the authorities requested a court warrant on Monday as they are investigating the martial law imposed by him. The authorities are currently investigating whether the martial law on December 3 amounted to rebellion.
The Corruption Investigation Office for High-Ranking Officials, tasked with leading the joint investigation with police and military authorities into an emergency that lasted only a few hours, confirmed its request for the warrant from the Seoul Western District Court. Notably, the Investigation Office seeks to question Yoon over charges of abuse of authority and orchestrating a rebellion.
Yoon's lawyer challenges warrant request
However, Yoon's lawyer, Yoon Kap-keun, has denounced the request as he filed a challenge with the same court, saying that the arrest warrant was invalid. He added that the anti-corruption agency did not have the legal authority to investigate the rebellion charges.
“An incumbent president cannot be prosecuted for abuse of power,” the lawyer said.
“Of course, there are differing academic opinions on whether a president can be investigated for abuse of power and some assert that investigations are possible. But even when investigations are allowed, the prevailing opinion is that they should be exercised with the utmost restraint.”
Can Yoon be detained?
The anti-corruption agency didn't immediately respond to the lawyer's comments.
The warrant request came after Yoon dodged several requests by the joint investigation team and public prosecutors to appear for questioning and also blocked searches of his offices.
While Yoon has the presidential privilege of immunity from criminal prosecution, such protections don't extend to allegations of rebellion or treason.
It's not clear whether the court will grant the warrant or whether Yoon can be compelled to appear for questioning.
Under the country's laws, locations potentially linked to military secrets cannot be seized or searched without the consent of the person in charge, and it's unlikely that Yoon will voluntarily leave his residence if he faces detention.
(With agency inputs)
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