Judicial risks escalate for Yoon on removal from office

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Judicial risks escalate for Yoon on removal from office

Published: 06 Apr. 2025, 07:00 Updated: 06 Apr. 2025, 20:54

Audio report: written by reporters, read by AI

Yoon Suk Yeol [JOINT PRESS CORPS]

Just 122 days after declaring martial law on Dec. 3, former President Yoon Suk Yeol was removed from office, triggering the official onset of his legal troubles. Yoon’s presidential immunity from prosecution has vanished, and law enforcement agencies are expected to launch simultaneous investigations into a slew of allegations now targeting him as a regular citizen.

Prosecutors, the police, and the Corruption Investigation Office for High-ranking Officials (CIO) had closely followed the Constitutional Court’s 54-day deliberation process. During Yoon’s presidency, these agencies had been unable to press charges or advance their probes due to the protections afforded by presidential immunity. Now, with that shield gone, a backlog of unresolved allegations is set to move forward.

Constitutional Court's labeling of martial law as “grave violation” to impact criminal trials

In its initial indictment of Yoon in January, the special investigation unit under the prosecution — led by Park Se-hyun, head of the Seoul High Prosecutors’ Office — had limited charges to leading an insurrection, omitting abuse of power and other offenses due to presidential immunity. Following the Constitutional Court’s ruling to uphold Yoon’s impeachment, the prosecution is now considering filing additional charges, including abuse of authority.

The Constitutional Court’s 8-0 unanimous decision is also likely to affect Yoon’s pending criminal trial. Over the course of 13 hearings held across 111 days, the court concluded that both the process and substance of the martial law declaration were unconstitutional and illegal — a determination that aligns closely with the legal criteria for the charge of leading an insurrection. Yoon’s first criminal trial hearing is scheduled for May 14.

In his reading of the court’s decision, Acting Chief Justice Moon Hyung-bae declared that Yoon’s martial law decree violated both substantive and procedural requirements. He further stated that Emergency Ordinance No. 1 and the subsequent search and seizure of the National Election Commission were unconstitutional. Regarding allegations of judicial interference, Moon said, “The respondent (Yoon) was involved in locating individuals with the intent to detain them if necessary,” adding that targets included a recently retired chief justice and other former justices.

Moon also cited illegal directives concerning opposition politicians: “The Minister of National Defense ordered the commander of the Defense Security Command to track the whereabouts of 14 individuals, including the National Assembly speaker and leaders of major political parties, for potential detention.” His declaration that Yoon’s imposition of martial law amounted to a “grave violation of the law” may be seen as a preliminary judicial assessment of the insurrection charges Yoon now faces.

Self-proclaimed political broker Myung Tae-kyun leaves the Changwon District Court in South Gyeongsang after attending an arrest warrant hearing on Nov. 14, 2024 [NEWS1]

Beyond martial law: Campaign finance and manipulation probes

In addition to charges related to martial law, the so-called “Myung Tae-kyun scandal” is expected to become another major area of investigation. The Changwon District Prosecutors’ Office, which had been probing allegations involving political fixer Myung Tae-kyun, recently transferred the case to the Seoul Central District Prosecutors’ Office. The probe centers on claims that Yoon and his wife interfered in candidate nominations during the 2022 by-elections and received polling data from Myung without compensation.

The police have also received complaints regarding Yoon’s alleged interference in candidate nominations. The Democratic Party (DP) accused Yoon — then president-elect — of violating election law and obstructing official duties during a phone call with Myung, in which he reportedly said of former lawmaker Kim Young-sun’s nomination, “I’ll speak to Yoon Sang-hyun again. He’s the nomination committee chair.”

Due to Yoon’s immunity while in office, authorities were previously unable to conduct a proper investigation or bring charges related to these alleged election law violations.

Kim Sung-hoon, deputy chief of the Presidential Security Service (PSS), walks into the National Office of Investigation (NOI) headquarters in Seodaemun District, western Seoul, on Jan. 17. [NEWS1]

Interference with arrest, illegal campaign offices investigation

Yoon is also under investigation by police for allegedly obstructing the execution of an arrest warrant using the Presidential Security Service in January — charges that fall under “obstruction of justice by special public officials.” Police believe Yoon instructed Kim Sung-hoon, deputy chief of the security service, to “actively intervene to block the warrant’s execution” around Jan. 3, when the first warrant was issued. Arrest warrants have since been sought for Kim and security bureau chief Lee Kwang-woo as part of an escalating investigation.

Separately, Yoon faces allegations of operating unauthorized campaign offices during his presidential run. Police are probing reports that, in addition to his official headquarters in Yeouido, Seoul, Yoon ran at least two illegal campaign offices in Sinsa-dong and Yangjae-dong. The Seoul Metropolitan Police concluded their questioning of key witnesses in February.

Marine death investigation could reopen

A long-running investigation by the CIO into suspected interference into the probe of a Marine’s death may soon resurface as a major issue. The CIO began its investigation in August 2023, but paused all proceedings after the Dec. 3 martial law declaration to allocate resources toward Yoon’s impeachment.

While the CIO had secured Yoon’s phone records last August, it has yet to question key suspects, including former Defense Minister Lee Jong-sup.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.

BY JEONG JIN-WOO [[email protected]]