On January 26, Impeached President Yoon Suk-Yeol was indicted by South Korean prosecutors on charges of insurrection for his imposition of martial law on December 3, 2024. According to AP News, Yoon’s imposition of martial law was based on his accusations that the National Assembly, which is controlled by the opposition party by the name of the Democratic Party of Korea, intentionally subjugated Yoon by attempting to undermine his political agenda and impeach his top officials. Yoon further justified his imposition of martial law by citing national security concerns, arguing that the opposition-controlled assembly held “pro-North Korean sentiment,” as Yoon stated in his address declaring martial law. It was the first martial law implemented by the South Korean government since 1980.
The martial law crisis lasted only around six hours, as Yoon was forced to rescind his order after the National Assembly voted 190-0 to strike down the measure. On December 14, the National Assembly officially impeached Yoon, with many members of his own party, the Conservative People’s Power Party, voting to affirm the impeachment. The Constitutional Court of Korea is currently deliberating on the legitimacy of the impeachment and if Yoon should be formally stripped of his official powers. The BBC states that Yoon was officially detained by law enforcement on Jan. 15 after a standoff with Yoon’s supporters on January 3rd at the president’s residence that prevented the initial process of his arrest.
The indictment and prosecution of Yoon was processed by the CIO ( Corruption Investigative Office for High-ranking Officials), an independent agency of the South Korean government responsible for prosecuting prominent politicians and members of government. However, by law, only prosecutors of the South Korean government can indict Yoon. Thus, the CIO soon transferred the investigation process to state prosecutors. According to The New York Times, prosecutors stated that the indictment of Yoon on the charges of insurrection was based on the president’s activities during the short imposition of martial law, where he banned all forms of political activity, ordered the arrest of members of the opposition party, and furthermore instructed the military to occupy the national assembly. Yonhap News states that Yoon has since denied such charges, stating that the presence of troops at the national assembly was to maintain “political order”.
Although the president of South Korea possesses immunity from most criminal prosecutions, the charge of insurrection is one of the few criminal charges in which the “president does not have immunity,” as stated by Reuters. Under South Korean law, it is punishable by life imprisonment or potentially the death penalty, “although South Korea has not executed anyone in decades.” According to the The LA Times, Yoon’s defense team opposed the indictment of insurrection, stating that the president’s power to impose martial law can “never be an insurrection” and that the prosecution is a form of political ploy by opposition leaders to depose Yoon from office. Yoon’s defense team also stated that the CIO’s investigation into Yoon was illegal, as it lacked the proper authority to do so.
