South Korean police reject detention warrant for impeached president Yoon over legal issues

South Korea's police have rejected a request from the state anti-corruption agency to execute a detention warrant for impeached President Yoon Suk Yeol, citing legal issues.

The Corruption Investigation Office for High-ranking Officials (CIO) had sent a letter to the police late on January 5, urging them to take over the execution of the warrant, which was set to expire at midnight on January 6, Caliber.Az reports via South Korean media.

"The CIO's official letter raised legal concerns after our internal review," said Baek Dong-heum, a senior police officer overseeing the investigation into Yoon's martial law decree. "We will continue consultations with the CIO regarding the execution of the detention warrant."

A separate police source, speaking anonymously, revealed that the two agencies had held phone discussions earlier in the day and agreed to maintain a joint investigative team, which also includes the defence ministry’s unit.

The source explained, "When it comes to executing the detention warrant or conducting the investigation, it will be done in coordination within the joint investigation headquarters."

The CIO's request followed a failed attempt on January 3 to detain Yoon at his official residence, which ended after a prolonged stand-off with presidential security personnel. Yoon has refused to cooperate with the CIO's summonses, arguing that the agency lacks the legal authority to investigate charges related to his imposition of martial law on December 3.

The CIO has faced criticism for using police officers during the warrant execution on January 3, despite not having the legal authority to direct the police. "Under the Criminal Procedure Act, detention warrants must be executed by police under the command of a prosecutor," stated Lee Jae-seung, deputy head of the CIO. "This means execution can be entrusted to a police officer."

Lee further explained that the CIO and police had discussed a second attempt to detain Yoon and sent a letter to acting President Choi Sang-mok requesting the cooperation of the Presidential Security Service (PSS) in the process. However, no response was received, prompting the CIO to seek police expertise in executing the warrant.

Despite the setback, Lee confirmed that the CIO would not transfer its investigation to the police and would continue with plans to question Yoon at their office if detained. Additionally, the agency plans to seek an extension of the warrant before it expires.

Yoon’s lawyer, Yun Gap-keun, criticized the move, calling it an attempt to subcontract the arrest. "The CIO's actions, lacking legal foundation, raise serious doubts about its qualifications," Yun said.

The controversial attempt to arrest a sitting president has sparked widespread protests, with demonstrators gathering outside Yoon’s residence in subzero temperatures.

By Aghakazim Guliyev