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Will South Korea's President face detention? Unpacking the martial law allegations.

A South Korean court issued warrants Tuesday to detain impeached President Yoon Suk Yeol and search his office and residence over allegations of rebellion in connection with his short-lived declaration of martial law.

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Lee Jin-man/AP
Supporters of impeached South Korean President Yoon Suk Yeol stage a rally after hearing a news that a court issued warrants to detain Yoon, near the presidential residence in Seoul, South Korea, Dec. 31, 2024. It鈥檚 the first time a warrant to detain a sitting president has been issued.

It鈥檚 the first time a warrant has been issued to detain a sitting South Korean president. But experts say there is little chance of detention or searches unless Yoon is formally removed from office.

The Seoul Western District Court issued warrants to detain Mr. Yoon and to search the presidential office and residence in central Seoul, according to a statement from the Corruption Investigation Office for High-Ranking Officials, which is leading a joint investigation with police and military authorities.

The agency says it鈥檚 been investigating whether Mr. Yoon鈥檚 Dec. 3 declaration amounted to rebellion.

Under South Korean law, the leader of a rebellion can face the death penalty or life imprisonment if convicted. Mr. Yoon has presidential immunity from most criminal prosecutions, but the privilege does not extend to allegations of rebellion or treason.

Mr. Yoon鈥檚 powers have been suspended since the opposition-controlled National Assembly voted to impeach him on Dec. 14 over his imposition of martial law, during which hundreds of troops and police officers were deployed at the assembly. By law, a president in South Korea is allowed to declare martial law only during wartime or similar emergencies and has no right to suspend parliament鈥檚 operations even under martial law.

Mr. Yoon has argued his decree was a legitimate act of governance, calling it a warning to the main liberal opposition Democratic Party 鈥 which he has called 鈥渁 monster鈥 and 鈥渁nti-state forces鈥 鈥 that has used its legislative majority to impeach top officials, undermine the government鈥檚 budget, and which he claims sympathizes with North Korea.

The Constitutional Court is to determine whether to dismiss Mr. Yoon as president or reinstate him.

Experts said Mr. Yoon is likely to ignore the warrants. He鈥檚 already dodged repeated requests by investigative authorities to appear for questioning, and the presidential security service has blocked attempts to search his office and residence citing a law that bans raids on sites with state secrets.

Yoon Kap-keun, a lawyer for the president, called the detainment warrant 鈥渋nvalid鈥 and 鈥渋llegal,鈥 saying the anti-corruption agency lacks legal authority to investigate rebellion charges. The presidential security service said it will provide security to Mr. Yoon in accordance with the law.

The anti-corruption agency said it has no immediate plans on when it would proceed with the warrants.

鈥淯nless Yoon voluntarily lets them detain him, there is no way to detain him,鈥 said Choi Jin, director of the Seoul-based Institute of Presidential Leadership. 鈥淪hould investigators have hand-to-hand fights with the security service?鈥

Mr. Choi said that investigators were still likely to visit Mr. Yoon鈥檚 residence to show they are strictly and fairly carrying out their work.

Park Sung-min, president of Seoul-based political consulting firm MIN Consulting, said the push for an arrest warrant is likely an attempt to pressure Yoon to cooperate with investigations.

Former President Park Geun-hye, who was thrown out of office in 2017 following an impeachment over a corruption scandal, also refused to meet with prosecutors while in office. She underwent questioning by them and was arrested after the Constitutional Court removed her from office.

Mr. Yoon鈥檚 imposition of martial law lasted only six hours but triggered huge political turmoil, halting high-level diplomacy and rattling financial markets. Despite Mr. Yoon鈥檚 deployment of troops and police, enough lawmakers managed to enter the assembly chamber to overturn it unanimously.

Mr. Yoon鈥檚 defense minister, police chief, and several top military commanders have already been arrested over their roles in the martial law enactment.

Mr. Yoon has claimed he wasn鈥檛 trying to stop the functioning of the assembly, saying that the troops were sent to maintain order, and also denied planning to arrest politicians. But comments by now-arrested commanders of military units sent to the assembly have contradicted this claim.

Kwak Jong-keun, the commander of the Army Special Warfare Command, testified at the National Assembly that Mr. Yoon called on troops to 鈥渜uickly knock down the door and drag out the lawmakers who are inside.鈥 Mr. Kwak said he did not carry out Yoon鈥檚 orders.

The country鈥檚 political crisis deepened last Friday, when the Democratic Party and other small opposition parties voted to impeach acting President Han Duck-soo as well over wrangling over his refusal to fill in three justice seats at the nine-member Constitutional Court. Observers say adding more justices could increase prospects for the court鈥檚 endorsement of Mr. Yoon鈥檚 impeachment as that requires support from at least six justices.

The deputy prime minister and finance minister, Choi Sang-mok, has become South Korea鈥檚 new interim leader. On Tuesday, Mr. Choi appointed two new justices, saying he feels the urgency to resolve political uncertainty and national divide.

Mr. Choi鈥檚 moves drew rebukes from both the ruling and opposition parties. The governing People Power Party accused him of surrendering to the opposition鈥檚 political offensive, while the main liberal opposition Democratic Party urged Mr. Choi to quickly appoint the remaining ninth justice.

This story was reported by The Associated Press.

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