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How will arrest warrant for S. Korean President Yoon be executed?

Yoon Suk-yeol

SEOUL, S. Korea | Xinhua | The Seoul Western District Court on Tuesday issued a warrant to arrest the impeached President Yoon Suk-yeol and search the presidential residence on insurrection and other charges, marking the first time in the country’s modern history that an arrest warrant was issued against a sitting president.

Consisting of the Corruption Investigation Office for High-ranking Officials (CIO), National Office of Investigation (NOI) and the defense ministry’s investigation headquarters, a joint unit in charging the investigation of the emergency martial law order issued by Yoon on Dec. 3 requested the warrants to the court on Monday, naming Yoon as a suspected ringleader on insurrection charge.

However, Yoon’s side submitted a written opinion and appointed defense counsel to the Seoul Court just hours after the request for issuance of the warrants.

According to the country’s Yonhap News Agency, the court may have concluded that there is substantial evidence supporting allegations of insurrection by Yoon and it may have accepted the CIO’s view that Yoon declared emergency martial law to disrupt the constitutional order and must therefore undergo a compulsory investigation.

Yonhap said that Yoon’s failure to respond to summonses by the joint investigation unit prompted the court’s decision to issue the arrest warrant.

The unit asked Yoon to appear for questioning three times on Dec. 18, Dec. 25 and Dec. 29, but the impeached leader refused to receive summonses and submit documents for the appointment of his defense counsel.

Yoon said in a televised address on Dec. 12 that he will not avoid his legal and political responsibility for the martial law that was revoked by the National Assembly only hours later.

Under South Korean law, an arrest warrant is generally valid for one week from the date of issuance. If not executed within this timeframe, its validity can be extended with court approval.

According to Yonhap, the CIO has not yet determined the date for executing the arrest warrant. CIO officials told the media that the method and timing of executing the warrant will be carefully considered in light of various circumstances. When asked whether the CIO would coordinate the timing with Yoon’s team, the officials said that this is not customary but could be considered if necessary.

The CIO plans to detain Yoon and conduct investigations at the government office building in Gwacheon, Gyeonggi Province, after which Yoon will be held at the Seoul Detention Center.

Regarding potential physical confrontations with the Presidential Security Service, the CIO stated that it would seek police support if necessary.

According to Yonhap, Yoon’s side is expected to resist the execution of the arrest warrant. His legal team issued a statement asserting that the arrest and search warrants requested by an agency lacking jurisdiction over insurrection charges are illegal and invalid.

Yoon’s team also announced plans to file a jurisdictional dispute and request a suspension of the warrant’s effect with the constitutional court.

Yoon was impeached on Dec. 14 when an impeachment motion against him was passed in the National Assembly. The impeachment was delivered to the constitutional court to deliberate it for up to 180 days, during which Yoon’s power was suspended. ■

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