Explainer: Yoon faces wide range of legal proceedings following historic arrest

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Explainer: Yoon faces wide range of legal proceedings following historic arrest

Published: 16 Jan. 2025, 18:49 Updated: 17 Jan. 2025, 11:34

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

President Yoon Suk Yeol walks into the Corruption Investigation Office for High-ranking Officials (CIO) headquarters in Gwacheon, Gyeonggi on Jan. 15. [NEWS1]

Impeached President Yoon Suk Yeol, arrested on insurrection charges over accusations of masterminding last month’s short-lived, surprise martial law declaration, is now on the brink of facing criminal proceedings alongside an impeachment trial.

Yoon — Korea’s first sitting president to be arrested — has been questioned by prosecutors at the Corruption Investigation Office for High-ranking Officials (CIO) since Wednesday. He is also undergoing an impeachment trial at the Constitutional Court following the National Assembly’s passage of his impeachment motion on Dec. 14. Although his presidential duties are suspended, Yoon technically remains the incumbent president until the Constitutional Court upholds his impeachment.

Following his arrest, the second hearing of his impeachment trial proceeded on Thursday without his presence after the court denied his legal team’s request to postpone it. Yoon, who skipped the first session citing security concerns on Tuesday, was not legally required to attend the second one.

Yoon’s arrest on Wednesday came after he failed to comply with three CIO summonses. The CIO has been probing into Yoon’s accusations regarding the Dec. 3 martial law declaration since the prosecution referred the case on Dec. 18. The agency then formed a joint investigation headquarters to investigate the case, along with police and the Defense Ministry.

The Seoul Western District Court initially issued a warrant last month, but the CIO and police’s first attempt to arrest Yoon on Jan. 3 was thwarted by Presidential Security Service (PSS) and military personnel. With the court reissuing the warrant, the CIO and police successfully detained Yoon on Wednesday after overcoming barricades and barbed wires outside the presidential residence in central Seoul, encountering no resistance from the PSS this time.

The CIO has until 10:33 a.m. Friday to request another warrant to extend his custody.

President Yoon Suk Yeol walks into the Corruption Investigation Office for High-ranking Officials (CIO) headquarters in Gwacheon, Gyeonggi on Jan. 15. [NEWS1]

Yoon underwent over 10 hours of questioning at CIO headquarters in Gwacheon, Gyeonggi, following his arrest on Wednesday, but he has reportedly remained silent. His legal team has since filed a request with the Seoul Central District Court to review the legality of his detention.

Below are some key questions and answers regarding the legal procedures Yoon faces after his arrest and the disputes surrounding his detention.

Q. What happens if the CIO requests another warrant and it’s approved?

A. If the court approves an extension of Yoon’s custody, he could be detained for up to 20 days before prosecutors decide to indict him, including the initial 48 hours of his arrest. The CIO, which lacks the authority to indict Yoon, must refer the case to the Seoul Central District Prosecutors' Office within the first 10 days, as its jurisdiction to bring charges is limited to judges, prosecutors and high-ranking police officials. The CIO and prosecution reportedly agreed on splitting the 20-day detention period equally for their investigations.

The CIO intends to seek an additional warrant from the Seoul Western District Court, which issued the initial arrest warrant, according to CIO officials.

People watch a televised public address by President Yoon Suk Yeol following his arrest on Jan. 15, at Seoul Station in central Seoul. [YONHAP]

What happens while the court reviews the legality of Yoon’s arrest?

The 48-hour limit on Yoon’s initial detention will be paused while the Seoul Central District Court examines his legal team’s request to review the validity of the arrest, according to a CIO official who spoke to reporters on condition of anonymity. From the moment the court receives requested documents from the CIO and a response is sent back to the agency, that time will not count toward the 48-hour limit. If the court upholds the legality of Yoon’s arrest, the CIO will continue its investigation. If the court rules otherwise, Yoon will be released.

The Seoul Western District Court, which issued the warrants to detain Yoon and search his residence, dismissed the injunction filed by Yoon's attorney that sought to invalidate the warrants.

What legal conflicts surround the validity of the warrant?

Yoon's legal defense team argues that the arrest warrant issued and executed against the president is invalid, saying the Seoul Western District Court lacks jurisdiction to handle CIO cases. The attorneys have accused the agency of “warrant shopping” by seeking approval from a court that they say is known for issuing warrants “relatively easily.”

The CIO, however, says it is authorized to request warrants from the Seoul Western District Court, as the presidential residence and office fall within its jurisdiction. Under Article 31 of the CIO Act, while the Seoul Central District Court typically has primary jurisdiction over the agency’s cases, prosecutors can request warrants from other courts within the territorial jurisdiction, as stated in the Criminal Procedure Act, in "exceptional circumstances."

Constitutional Court justices convene at the court in central Seoul for the second hearing in President Yoon Suk Yeol's impeachment trial on Jan. 16. [JOINT PRESS CORPS]

How could criminal proceedings affect Yoon’s impeachment trial?

The Constitutional Court has said suspending the impeachment proceedings would be a “judiciary decision” if criminal trials overlap. However, under Article 51 of the Constitutional Court Act, adjudication proceedings may be suspended if a criminal trial is underway for the same cause as the impeachment request. Former President Park Geun-hye’s case did not invoke this clause, as she was prosecuted after the court upheld her impeachment.

If Yoon is indicted while the impeachment trial is ongoing, the Constitutional Court may suspend proceedings. This could extend the impeachment review beyond the 180-day limit, pending the criminal court’s rulings. The Constitutional Court has up to 180 days to uphold or reject the impeachment motion.

What other investigations could Yoon face?

Yoon may also be subject to a special counsel probe, which is typically launched against high-ranking officials, particularly when a fair investigation is not expected, with rival parties proposing separate bills to launch such an investigation. The Democratic Party proposed a bill that includes treason allegations that Yoon repeatedly tried to provoke an attack by North Korea to justify declaring martial law. The People Power Party on Thursday also proposed a bill that excluded insurrection and treason charges.

Floor leaders from both parties are expected to negotiate these bills with National Assembly Speaker Woo Won-shik ahead of a plenary session scheduled for Friday.

Correction, Jan. 17: The CIO does have the authority to indict, but it is limited to suspects who are prosecutors, judges or high-ranking police officials.

BY CHO JUNG-WOO [[email protected]]