January 3rd 2025.
In the midst of a political crisis that has caused chaos in South Korean politics and resulted in two impeachments in under a month, investigators attempted to detain impeached President Yoon Suk Yeol at his official residence in Seoul on Friday. However, they were met with a six-hour standoff as Yoon refused to comply with their efforts.
The country's anti-corruption agency, which had been investigating Yoon for weeks, eventually withdrew their investigators due to concerns about their safety. They had encountered several scuffles with the presidential security forces and expressed disappointment in Yoon's lack of cooperation with the legal process.
Outside of the residence, a large group of pro-Yoon protesters, undeterred by freezing temperatures, showed their support by waving flags and chanting slogans. In response, the National Police Agency announced plans to investigate the chief and deputy chiefs of the presidential security service for obstructing official duty.
Yoon, a former prosecutor, has been resistant to investigators' attempts to question him, and has not left his residence since December 12th, when he made a televised statement declaring his determination to fight against his impeachment. The anti-corruption agency is considering charges of rebellion against Yoon, who had declared martial law and sent troops to surround the National Assembly in response to opposition from a parliament dominated by his opponents.
However, parliament quickly overturned his declaration and impeached Yoon on December 14th, accusing him of rebellion. Both anti-corruption authorities and public prosecutors have opened investigations into the events.
A warrant for Yoon's detention and a separate warrant to search his residence were issued on Tuesday, but enforcing them proved difficult as long as he remained in his official residence. His lawyers have argued that a law protecting locations potentially linked to military secrets prohibits search without the consent of the person in charge, making it impossible to enforce the warrant at his residence.
The anti-corruption agency has not yet announced if they will make another attempt to detain Yoon, as the warrant is only valid for one week. His lawyers also claim that the agency does not have the authority to investigate rebellion charges and that police officers assisting in his detainment could face arrest.
If investigators do manage to detain Yoon, they will likely seek permission from a court to formally arrest him. Otherwise, he will be released after 48 hours.
During a briefing to reporters, an anonymous official from the anti-corruption agency revealed that their investigators were able to approach Yoon's residence but were stopped by a barricade of vehicles and security forces. While the Presidential Security Act mandates protection for Yoon, it does not give the security service the power to block court-ordered detainments, according to attorney Park Seong-bae.
The law requiring consent for searches in locations with potential military secrets may also continue to hinder Yoon's detainment, as it is unlikely that acting leader Deputy Prime Minister Choi Sang-mok would be considered the person in charge of Yoon's residence.
The withdrawal of the anti-corruption agency's investigators was met with disappointment from opposition leaders, who called for another attempt to detain Yoon. Yoon's supporters, on the other hand, see the agency's efforts as unfair and unnecessary, as they believe there is no risk of him fleeing or destroying evidence.
As Yoon's fate now lies with the Constitutional Court, which is deliberating whether to uphold his impeachment or reinstate him, tensions continue to rise in South Korea. The National Assembly recently impeached Prime Minister Han Duck-soo for his reluctance to fill vacancies on the Constitutional Court, and acting President Choi has appointed two new justices in response.
The outcome of the Constitutional Court's decision will depend on at least six out of nine justices voting in favor of either upholding or overturning Yoon's impeachment. In the meantime, thousands of police officers have been stationed outside of Yoon's residence, keeping an eye on the ongoing protests.
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