SEOUL, South Korea — South Korea’s impeached President Yoon Suk Yeol has been indicted on insurrection charges, making him the first sitting president in the country’s history to face criminal prosecution.
The indictment, announced by prosecutors on Sunday evening local time, stems from Yoon’s controversial attempt to impose martial law in early December, a move that was swiftly overturned by parliament and led to his impeachment and eventual arrest last week.
Yoon, who remains in custody, has denied any wrongdoing and dismissed the charges as politically motivated. However, prosecutors maintain they have substantial evidence supporting the allegations.
“Based on the investigation so far, there are no grounds to consider any change to the arrest warrant issued against the president,” prosecutors said in a statement.
“Sufficient evidence exists to substantiate the charges.”
Yoon’s Martial Law Attempt and Alleged Orders for Mass Arrests
The political crisis erupted when Yoon declared martial law, accusing the main opposition Democratic
Party of sympathising with North Korea and engaging in anti-state activities. The move sparked widespread protests, evoking painful memories of South Korea’s authoritarian past.
During parliamentary hearings, military commanders testified that they were ordered to forcibly break down the doors of parliament and remove lawmakers inside.
Furthermore, Yoon allegedly instructed Hong Jang-won, the first deputy director of the National Intelligence Service (NIS), to arrest a list of 14 political and legal figures, including the opposition leader, to “clean everything up.”
According to Hong, Yoon promised to give the NIS expanded counter-intelligence authority, along with unlimited funds and personnel to carry out the arrests.
The claims, initially revealed by lawmakers briefed on the investigation, were later confirmed by Hong to CNN.
Failed Standoff and Yoon’s Arrest
Following the martial law declaration, Yoon barricaded himself inside his fortified presidential residence, where he was protected by soldiers and his Presidential Security Service team.
Authorities from the Corruption Investigation Office for High-Ranking Officials (CIO) made their first attempt to arrest him earlier this month, but were blocked by Yoon’s security detail in a dramatic hours-long standoff.
A second attempt was successful, and Yoon was detained by anti-corruption investigators. However, he has since refused to cooperate with their investigation.
Political Reactions and Legal Ramifications
Yoon’s conservative party dismissed the CIO’s investigation as illegal, while his legal team argued that his martial law declaration does not meet the threshold for an insurrection charge.
“The prosecution has committed a historic mistake,” Yoon’s lawyers said in a statement.
However, the Democratic Party, which led efforts to impeach Yoon, welcomed the indictment and called on the courts to hold him accountable for violating constitutional order.
With Sunday’s indictment, Yoon is now facing two separate trials:
- His impeachment case before the Constitutional Court, which will determine whether he will be permanently removed from office or reinstated. A ruling is expected by spring.
- The criminal case for insurrection, which could result in a life sentence or even the death penalty if he is convicted.
Although South Korea has not carried out an execution in decades, the maximum penalty for leading an insurrection is capital punishment.
Under South Korean law, sitting presidents are typically immune from most criminal charges, but insurrection and treason are exceptions.
