South Korean impeached president attends court hearing on martial law decree

Legal representatives of impeached South Korean President Yoon Suk Yeol announced on January 18 that he has decided to attend a court hearing regarding an arrest warrant issued against him, where he will explain the legitimacy of his controversial martial law decree.

Yoon’s lawyer, Yun Gap-keun, conveyed this decision in a message to the press, stating that the president intends to clarify the legal grounds of his short-lived martial law declaration and address the damage to his reputation following the botched declaration on December 3, Caliber.Az reports per Korean media.

The hearing is scheduled for 2 p.m., where Yoon is expected to deny the insurrection charges levied against him by the Corruption Investigation Office for High-ranking Officials (CIO). The vehicle transporting Yoon departed from a detention center at approximately 1:30 p.m., and it is expected to pass a designated photo area for the press before entering the courthouse.

The CIO had sought the arrest warrant from the Seoul Western District Court on January 17, two days after investigators detained Yoon at his residence and took him into custody for questioning. The anti-corruption agency, in collaboration with the police and military, is investigating whether Yoon’s martial law decree amounted to an attempted insurrection. However, Yoon's legal team maintains that the CIO lacks the authority to probe allegations of insurrection.

If the court grants the warrant, Yoon would become the first sitting president in South Korean history to be formally arrested. Conversely, if the warrant is denied, Yoon will return to the presidential residence, bolstering his claims that the ongoing investigations into his martial law decree and impeachment are politically motivated.

Yoon caused national shock on December 3 when he imposed martial law, which led to significant political unrest. The martial law was rescinded within hours after lawmakers voted to lift the measure. Yoon’s defence argues that the declaration was a necessary act of governance to address a national crisis, which included opposition-led impeachments of Cabinet members, legislative gridlock, and unilateral budget cuts.

Following his impeachment by the opposition-controlled assembly on December 14, Yoon’s presidential powers were suspended. Despite his detention, Yoon has refused to cooperate with investigators regarding his martial law decree.

Yoon’s legal team filed a request with the Seoul Central District Court to review the legality of the detention warrant issued by the Western District Court. The central court rejected the challenge the following day, maintaining Yoon's custody.

However, Yoon’s legal team is expected to continue asserting that the CIO lacks jurisdiction over insurrection charges and that the Western District Court is not the appropriate venue for investigating the martial law case. They will also argue that concerns over evidence tampering and flight risks are unfounded, given that critical evidence has already been gathered and Yoon, as the sitting president, poses no flight risk.

By Vafa Guliyeva