South Korean president indicted on charges of insurrection in martial law bid

On January 26, prosecutors in South Korea indicted President Yoon Suk Yeol, accusing him of leading an insurrection following his short-lived imposition of martial law last month.

Yoon has become the first sitting president in the country’s history to be indicted while detained, Caliber.Az reports via South Korean media.

The indictment stems from allegations that Yoon conspired with former Defense Minister Kim Yong-Hyun and others to instigate an insurrection on December 3 by declaring a state of emergency. Prosecutors claim this declaration was unconstitutional and illegal, as there were no signs of war, armed conflict, or a national crisis to justify such a measure.

Yoon is also accused of deploying military forces to parliament to block lawmakers from voting down the martial law declaration.

Furthermore, the president allegedly planned to arrest and detain key political figures, including National Assembly Speaker Woo Won-shik, leaders of rival parties, and officials from the election watchdog.

This development came just one day before Yoon’s detention period was due to expire. He had been detained by the Corruption Investigation Office for High-ranking Officials (CIO) on January 15 and formally arrested on January 19. The CIO, which had been investigating Yoon, transferred the case to the prosecution, as the agency does not have the authority to indict a sitting president.

Prosecutors had hoped to question Yoon directly during the investigation, but a Seoul court rejected their request twice to extend his detention. According to the law, a suspect must be released if not indicted within the detention period. Prosecutors, however, insisted that the indictment was justified after reviewing the evidence, despite not having had the chance to question Yoon in person.

"The court's denial to extend the detention period twice is difficult to understand, as it prevented even the most basic supplementary investigations, such as questioning the defendant in person," the prosecution said in a statement.

Yoon, whose detention was set to expire soon, faces charges of insurrection, which can carry penalties of life imprisonment or death, though South Korea has not executed anyone in decades. Despite this, prosecutors have focused their case solely on the charge of insurrection, fearing that Yoon might destroy evidence.

In earlier proceedings, Yoon’s defence team argued that he never intended to fully implement martial law. "It was meant as a warning to the opposition party, which Yoon accused of paralyzing state affairs," his lawyers stated.

Yoon’s impeachment hearing is ongoing, with the Constitutional Court having up to 180 days to decide whether to uphold his impeachment or reinstate him.

By Khagan Isayev