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Yoon continues to rebuff CIO after historic formal arrest of sitting president

Published: 19 Jan. 2025, 18:42 Updated: 19 Jan. 2025, 20:08

SARAH KIM
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CHO JUNG-WOO
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Supporters of President Yoon Suk Yeol rally in front of the Seoul Western District Court in Mapo District, western Seoul, as the court holds a hearing to review an arrest warrant for Yoon on Jan. 18. [JOINT PRESS CORPS]

Impeached President Yoon Suk Yeol was formally arrested early Sunday, an unprecedented move against a sitting Korean leader, and has since been refusing to comply with investigators' attempts to question him over his botched martial law imposition last year.

Early Sunday, a Seoul court issued an arrest warrant for Yoon, citing the risk of destruction of evidence, amid a probe led by the Corruption Investigation Office for High-ranking Officials (CIO) into insurrection charges raised against him.

This marks the first time in Korean constitutional history that a sitting president was formally arrested and comes 47 days after Yoon's short-lived martial law declaration on Dec. 3.

Later Sunday, the CIO asked Yoon to appear for questioning at 10 a.m. Monday after the president, now on the verge of prosecution, refused to comply with the investigators' probe.

Yoon's attorney, Yun Gap-geun, told reporters that the impeached president would not attend a 2 p.m. interrogation, saying he "has nothing else to say." The decision came after a meeting between the attorneys and Yoon at the Seoul Detention Center in Uiwang, Gyeonggi, where the president is detained.

Yoon had initially complied with the CIO's first questioning immediately after he was initially taken into custody on Wednesday, during which he was interrogated for over 10 hours, but has been exercising his right to remain silent since. He declined to attend the second and third rounds of questioning, leading the CIO to seek a formal arrest warrant.

A convoy carrying impeached President Yoon Suk Yeol returns to the Seoul Detention Center in Uiwang, Gyeonggi, after an arrest warrant hearing at the Seoul Western District Court on Jan. 18. [NEWS1]

In turn, Yoon said he would do his best in the judicial process to "clarify the purpose and legitimacy" of his martial law declaration while in pretrial detention.

In a statement released by his attorneys Sunday afternoon, Yoon vowed to "not give up" and to "correct the wrongdoings" even if it takes time.

"The president expressed regret that the justifiable purpose of the martial law declaration — to restore the country's functioning as a nation and prevent the collapse of the constitutional order amid state turmoil comparable to a national crisis — has not been effectively communicated," the statement read.

Speaking to reporters on Sunday, a CIO official said the agency will need to review whether a forced investigation is possible if he continues to refuse to appear for questioning, as there are no specific regulations governing such measures. However, the official noted there is precedent for conducting a forced investigation when a formal arrest warrant has been issued.

The CIO said later that day Yoon would only be permitted to meet with his attorneys during his detention, citing concerns about "evidence obstruction." The agency added that it had notified the Seoul Detention Center and the measure would take effect immediately.

The Seoul Western District Court issued the pretrial detention warrant shortly before 3 a.m. Sunday after holding a nearly five-hour hearing Saturday, attended by the impeached president.

Supporters of impeached President Yoon Suk Yeol, left, cheer as a convoy carrying Yoon returns to the Seoul Detention Center in Uiwang, Gyeonggi, after his arrest warrant hearing at the Seoul Western District Court on Jan. 18. [JOINT PRESS CORPS]

At 1:24 p.m. Saturday, Yoon, transferred in a Justice Ministry vehicle accompanied by a Presidential Security Service (PSS) convoy, departed the Seoul Detention Center to head to the court in western Seoul.

Cha Eun-kyung, a senior Seoul Western District Court judge on weekend duty, presided over the hearing and reviewed the risks of Yoon taking flight or destroying evidence, among other factors. Yoon's defense team comprised eight lawyers, while the CIO was represented by six prosecutors.

The hearing lasted from 2 p.m. to 6:50 p.m., and CIO prosecutors spoke first for 110 minutes. After a PowerPoint presentation by Yoon's defense team, the president spoke for about 40 minutes. The president gave a five-minute closing remark as the hearing closed, his attorneys said.

After the hearing ended, Yoon departed the Seoul Western District Court in a convoy at around 7:30 p.m. He arrived at the Seoul Detention Center around 8 p.m. and awaited the court's decision.

Impeached President Yoon Suk Yeol, center, sits in a car on his way to the Seoul Detention Center in Uiwang, Gyeonggi, after appearing for questioning at the Corruption Investigation Office of High-ranking Officials headquarters in Gwacheon on Jan. 15. [JOINT PRESS CORPS]

Yoon has been in custody at the Seoul Detention Center after the CIO and police executed a warrant to detain him at 10:33 a.m. Wednesday at his official residence in Yongsan District, central Seoul.

The CIO formally filed for an arrest warrant to extend Yoon's detainment on Friday.

By law, the agency has 48 hours from the moment it detains the president to keep him in custody under its original warrant to hold and investigate him over suspicions that he masterminded an insurrection against the country's democratic order by declaring martial law and abusing his power.

That timer was paused on Wednesday while the Seoul Central District Court considered a petition from Yoon's legal team challenging the validity of his detention. After the court dismissed the petition, that hold was lifted.

The CIO said the arrest warrant for Yoon was issued around 2:50 a.m. Sunday and confirmed plans to investigate Yoon's case "in accordance with the law and legal process."

The warrant allows the CIO to detain the impeached president for questioning for up to 20 days. Thus, the expiration date of the arrest warrant is expected to be around Feb. 5.

However, as the CIO lacks the authority to indict Yoon, the case must be referred to the state prosecution service. The two agencies have reportedly agreed to split the 20-day detention period. With Yoon refusing to cooperate with the CIO's investigation, the agency may consider referring the case to the prosecution earlier than planned.

The CIO's authority to indict is limited to judges, prosecutors and high-ranking police officials.

Following these interrogations, Yoon is expected to be sent to trial early next month. With the district court authorized to detain a suspect for up to six months, the first ruling is anticipated in early August. However, the timeline could change if a special counsel is established to investigate Yoon's insurrection allegations.

Police, right, and supporters of arrested President Yoon Suk Yeol clash in front of the Seoul Western District Court in Mapo District on Jan. 19. [NEWS1]

On Friday, the opposition-led National Assembly passed a revised special counsel probe bill proposed by the liberal Democratic Party into Yoon's martial law imposition. In turn, the conservative People Power Party has urged acting President Choi Sang-mok to veto it.

In a statement released following the warrant's issuance on Sunday, Yoon's attorneys declared that "the rule of law has died," arguing that while reasons for releasing Yoon were abundant, it was difficult to justify his arrest. The attorneys criticized the warrant as being based on a single, tenuous justification.

They questioned how Yoon could be accused of destroying evidence when some 10 officials allegedly involved in the case had already been indicted. Among those indicted are former Defense Minister Kim Yong-hyun and then-Defense Counterintelligence Commander Yeo In-hyung, both charged in connection with the Dec. 3 martial law declaration.

Speaking to reporters on Sunday, a CIO official expressed "regret" over Yoon's legal team releasing a statement that "denies the rule of law" instead of attempting to resolve the issue through judicial processes.

Yoon's attorneys are expected to respond with alternative measures, including filing a petition to invalidate his arrest.

"The court should prevent the situation from worsening by immediately releasing the president, either by invalidating his arrest or granting parole," Seok Dong-hyeon, one of Yoon's attorneys, wrote on his Facebook account.

The Constitutional Court is separately deliberating whether to uphold the parliament's decision to remove Yoon from office. Yoon was impeached by the opposition-led National Assembly on Dec. 14 and has had his presidential powers suspended since.

Update, Jan. 19: Details of the CIO's decision to allow Yoon to meet only with his attorneys added.

BY SARAH KIM, CHO JUNG-WOO [[email protected]]