SEOUL, South Korea — On Sunday, South Korean prosecutors charged impeached President Yoon Suk Yeol with rebellion stemming from his brief imposition of martial law. This offense carries a potential death sentence or life imprisonment.
This indictment further complicates Yoon’s situation following his December 3rd martial law declaration, which triggered widespread political unrest, market volatility, and international reputational damage. Separately, the Constitutional Court is determining whether to remove Yoon from office or reinstate him.
Yoon is the first South Korean president to face indictment while in power. He remains incarcerated and will be transported from his detention center to a Seoul court for trial hearings, anticipated to last approximately six months.
Yoon’s legal team confirmed the rebellion charge, denouncing it as a regrettable prosecutorial decision motivated by political maneuvering aimed at his removal.
“This indictment will forever stain the reputation of South Korean prosecutors,” Yoon’s defense team stated. “A president’s declaration of martial law cannot constitute rebellion.”
According to local media reports, prosecutors allege Yoon directed a rebellion through his martial law imposition. Repeated attempts to contact Seoul prosecutors’ offices were unsuccessful. Investigators contend Yoon’s actions amounted to rebellion due to his orchestration of riots intended to subvert the constitution.
While presidents typically enjoy immunity from most criminal prosecutions, this protection doesn’t extend to rebellion or treason charges. Under South Korean law, rebellion carries a potential life sentence or capital punishment.
Yoon, a conservative, maintains his innocence, characterizing his martial law declaration as a justifiable governmental action to highlight the dangers posed by the liberal-controlled National Assembly, which had thwarted his agenda and impeached senior officials. He referred to the assembly as “a den of criminals” and pledged to eliminate “shameless North Korea followers and anti-state forces.”
Following the December 3rd declaration, Yoon deployed troops and police to the assembly. However, sufficient lawmakers still gained access to vote down his decree unanimously, compelling his Cabinet to rescind it.
The martial law, the first in over four decades, lasted only six hours but triggered painful memories of past authoritarian regimes in South Korea (1960s-80s), which employed martial law and emergency decrees to suppress opposition.
South Korea’s constitution grants the president authority to declare martial law to maintain order during wartime or similar emergencies, although many experts dispute the presence of such conditions when Yoon acted.
Yoon insists he didn’t intend to disrupt assembly proceedings, including the vote on his decree, and that the deployment of troops and police was for order maintenance. But military commanders deployed to the assembly have informed investigators or testified at hearings that Yoon ordered them to forcibly remove lawmakers to prevent the overturning of his decree.
The investigation into Yoon has exacerbated existing national divisions, with rival protests regularly occurring in downtown Seoul.
Following a January 19th court approval of an arrest warrant extension for Yoon, dozens of his supporters attacked the courthouse, causing damage and injuring 17 police officers. Police detained 46 protesters.
Yoon initially resisted efforts to question or detain him before his apprehension on January 15th in a large-scale law enforcement operation at his presidential compound.
The Corruption Investigation Office for High-Ranking Officials (CIO) led the investigation, but Yoon refused to participate in CIO questioning, claiming a lack of legal authority to investigate rebellion. The CIO countered that it had jurisdiction due to alleged abuse of power and other related accusations.
The CIO transferred Yoon’s case to the Seoul prosecutor’s office on Friday, recommending charges of rebellion, abuse of power, and obstruction of the National Assembly. Prosecutors reportedly indicted Yoon solely on the rebellion charge, citing his presidential immunity from other charges.
Yoon’s defense minister, police chief, and several military commanders have already been arrested on charges related to the martial law decree.
Should the Constitutional Court remove Yoon, a presidential by-election must occur within two months. Recent polls indicate a tight race between governing and opposition party candidates.