South Korean prosecutors have indicted impeached President Yoon Suk Yeol on rebellion charges related to his brief imposition of martial law. If convicted, Yoon could face the death penalty or life imprisonment. This is the latest setback for Yoon, who was impeached and arrested over his December 3 martial law decree, which caused political turmoil, financial market instability, and damage to the country’s international reputation. The Constitutional Court is also considering whether to formally dismiss Yoon or reinstate him as president.
Yoon is the first South Korean president to be indicted while in office. He will remain in jail and be escorted to a Seoul court for hearings, which are expected to last about six months. Yoon’s defense team called the indictment “the worst decision” by prosecutors, who they believe are trying to please political forces that want Yoon removed from office.
Prosecutors have charged Yoon with directing a rebellion by imposing martial law, which they claim was an attempt to undermine the constitution through staged riots. Yoon has presidential immunity from most criminal prosecutions, but this does not cover allegations of rebellion or treason. Under South Korean law, the leader of a rebellion can face life imprisonment or the death penalty.
Yoon, a conservative, has denied any wrongdoing, stating that his declaration of martial law was a legitimate act to raise public awareness of the dangers posed by the liberal-controlled National Assembly, which obstructed his agenda and impeached top officials. During his announcement of martial law, Yoon called the assembly “a den of criminals” and vowed to eliminate “shameless North Korea followers and anti-state forces.”
Yoon’s imposition of martial law, the first in South Korea in over four decades, lasted only six hours but evoked painful memories of past dictatorial rules in the 1960s-80s. South Korea’s constitution allows the president to declare martial law to maintain order in wartime or other emergencies, but experts argue that such conditions did not exist when Yoon declared martial law.
Yoon insists that he intended to maintain order and did not disrupt assembly work. However, military commanders sent to the assembly have told investigators that Yoon ordered them to remove lawmakers to prevent them from overturning his decree.
The investigation into Yoon has intensified the country’s internal divisions, with rival protesters regularly staging rallies in downtown Seoul. After a local court approved a formal arrest warrant to extend Yoon’s detention on January 19, dozens of his supporters stormed the court building, causing damage and injuring 17 police officers.
Yoon was apprehended on January 15 in a large-scale law enforcement operation at his presidential compound. The Corruption Investigation Office for High-Ranking Officials led the investigation, but Yoon refused to attend questioning sessions, arguing that the office had no legal authority to investigate rebellion allegations. The office handed over Yoon’s case to the Seoul prosecutors’ office, which indicted him on rebellion charges.
If the Constitutional Court rules to remove Yoon from office, a national election to choose his successor must be held within two months. Recent polls show that governing and opposition party candidates are closely matched in a potential presidential by-election race.
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