The South Korean Prosecutor’s Office seeks to formally arrest the former defense ministeraccused of having conspired with president, Yoon Suk Yeolto impose the martial law last week, as authorities investigate whether their actions can be considered rebellion.
The martial law It lasted only about six hours, but was the first of its kind in more than 40 years and has caused a national scandal and large street protests. Yoon and his associates face criminal investigations and impeachment attempts. He Ministry of Justice has banned Yoon and eight other people to leave the country, as authorities consider them key suspects in the case of the martial law. It is the first time such a travel ban has been imposed on a sitting president in South Korea.
He Seoul Central District Court said Tuesday that he will review prosecutors’ request that he issue an arrest warrant for the former defense minister, Kim Yong Hyunwho has been accused of recommending the martial law a Yoon and to send troops to the National Assembly to prevent lawmakers from voting on the measure. Eventually, enough lawmakers managed to enter one chamber of parliament to unanimously reject Yoon’s decree.forcing the government to lift it before dawn on December 4.
Kim issued a statement Tuesday saying it “deeply apologizes for causing significant anxiety and inconvenience.” He stated that all responsibility for the application of the martial law lies solely with him and asked for mercy for the soldiers deployed to enforce the martial lawarguing that they were just following orders.
The former official has been detained since Sunday. If the arrest warrant is issued, Kim He would be the first person arrested in connection with the case of the martial law. Prosecutors would have up to 20 days to investigate Kim and determine whether to charge him. A conviction on the charge of rebellion could carry up to the death penalty.
Prosecutors reportedly accuse Kim of playing a key role in a rebellion and of abuse of power by organizing a mutiny to violate the Constitution in collaboration with Yoon and other military and police officers. The prosecutor’s offices in Seoul They could not immediately confirm the reports.
The opposition-controlled parliament on Tuesday approved a bill to appoint an independent special prosecutor to investigate Yoon and several military commanders about the imposition of martial law. The main opposition party, the Democratic Partyhad advocated for a special counsel investigation, arguing that public prosecutors cannot be trusted to conduct a thorough investigation into Yoona former attorney general.
During a parliamentary hearing on Tuesday, Kwak Jong-keuncommander of Army Special Warfare Command whose troops were sent to parliament, testified that he received direct instructions from Kim Yong Hyun that it hindered the entry of legislators to the main chamber of the National Assembly. Kwak said that the purpose of the instructions Kim was to prevent the assembly from gathering the 150 votes necessary to annul the order of martial law of Yoon.
Kwak he said that after Yoon He called him directly and asked the troops to “quickly destroy the door and drag out the legislators inside.” Kwak said he discussed the order Yoon with the commander at the scene and concluded that there was nothing that could be done, ruling out the possibility of threatening the legislators by firing blank bullets or cutting off the electricity.
In the same session, the official Kim Dae-woo of the military counterintelligence agency said that its commander, Yeo In-hyungasked him if an Army bunker in Seoul had room to detain politicians and other figures after the martial law. Yeo He is considered a close collaborator of Kim Yong Hyun. Last week, Hong Jang-wonfirst deputy director of South Korean National Intelligence Servicesaid that Yoon ordered him to help the command Yeo to arrest some of his political rivals, but he ignored the order of the president.
Kwak y Yeo are among those whom the opposition has accused of rebellion along with Yoon y Kimand the Ministry of Defense He suspended them last week.
Opposition parties and many experts say that the decree of martial law It was unconstitutional. They claim that a president is only legally authorized to declare martial law during “times of war, war-like situations, or other comparable states of national emergency.”but South Korea I was not in such a situation. They argue that deploying troops to seal the National Assembly and suspending their political activities was equivalent to rebellion because the Constitution of South Korea does not allow a president use the Army to suspend parliament in any situation.
In his announcement of martial lawthe conservative Yoon emphasized the need to rebuild the country by eliminating “blatant followers of North Korea and anti-state forces,” referring to his progressive rivals, who control parliament. Since taking office in 2022, Yoon has clashed almost constantly with the main opposition party, the Democratic Partywhich has filed motions to dismiss some of its top officials and launched a fierce political offensive against Yoon for one series of scandals involving him and his wife.
Attention now turns to how authorities could investigate Yoon and if they could stop it.
The south korean law grants immunity to president from being prosecuted while in office, except for accusations of rebellion or treason. This means that Yoon may be questioned and detained by investigating agencies regarding his martial law decree.but many observers doubt that authorities will detain him by force due to the potential for clashes with his presidential security service. They also say that the security service will probably not allow searches in the office of Yoonciting a law that prohibits searches at sites with state secrets without the approval of those in charge of those areas.
In the case of the former president Park Geun-hyewho was removed from office in 2017 after being disqualified by parliament over a corruption scandal, prosecutors were unable to search her office and ended up receiving documents outside the complex because presidential officials denied them access. After refusing to meet with prosecutors while in office, Park She was interrogated by them and arrested after the Constitutional Court endorsed the result of the impeachment trial and ruled his dismissal as chairwoman in March 2017.
Yoon avoided impeachment on Saturday after most ruling party lawmakers boycotted a floor vote. He Democratic Party He said he would prepare a new impeachment trial for Yoon on Saturday. The party filed motions on Tuesday to also remove the police chief of Yoon and the Minister of Justice. He tried to remove Kim Yong Hyun and the Minister of Security, but both resigned before the parliamentary votes were held.
And Yoon loses the motion of censure, his presidential powers would be suspended until the Constitutional Court decide whether to restore his powers or confirm his dismissal. If he were to vote to remove him from office, a new presidential election would be required.
(With information from AP)
