Turmoil after Martial Law Declaration: South Korea’s Politics, Judiciary Difficult to Understand
15:00 JST, January 4, 2025
Though the arrest of its sitting president was suspended, the turmoil surrounding its politics and judiciary has only deepened. Where is South Korea heading?
Investigators from the Corruption Investigation Office for High-ranking Officials, which is investigating South Korean President Yoon Suk Yeol on such charges as rebellion, and other officials entered the grounds of the official residence in Seoul to execute an arrest warrant for Yoon.
However, they were stopped by personnel of the Presidential Security Service, which guards the presidential residence. After a standoff, which lasted several hours, the anti-corruption office announced a halt to the arrest, saying it would be unable to execute the warrant.
If the sitting president had been arrested, it would have been the first time in South Korean history. It was also unusual that the arrest operation was suspended as investigative authorities were approaching the official residence to take him into detention.
The area around the official residence was surrounded by a large number of police officers and police vehicles, and the atmosphere became tense. It was fortunate that no large-scale clashes occurred.
One month has passed since Yoon abruptly declared martial law. Since then, the National Assembly passed a motion to impeach him, and he faces impeachment proceedings at the Constitutional Court. This is an unusual development in which the investigation into Yoon is proceeding in parallel with the court process.
There is an aspect that the unique judicial system in South Korea is also complicating the situation.
The corruption investigation office, which is leading the investigation into Yoon, was established under the administration of Moon Jae-in as an investigative body that probes high-ranking government officials and members of the National Assembly on behalf of the prosecution. The office obtained the arrest warrant for Yoon, concluding that the president was the mastermind of rebellion.
The court issued the warrant, but Yoon’s defense team maintains a position that the office does not have the authority to investigate crimes of rebellion. Yoon has not responded to the office’s three requests for him to appear and has applied to the Constitutional Court for an injunction to suspend the arrest warrant.
The anti-corruption office and Yoon’s side have significant differences regarding legal interpretation.
If they continue to act based on their respective arguments, there is a risk that the situation could develop into a serious conflict.
In the National Assembly, the opposition, which holds the majority, also stirred the ruling party by spearheading an impeachment motion against the previous acting president, who was also the prime minister, following the motion against Yoon.
Amid the political turmoil, a plane crash occurred in South Korea, killing 179 people. With the inauguration of U.S. President-elect Donald Trump just around the corner, the international situation is also in a state of great flux, with North Korea’s actions being a particular concern. The adverse effects of the dysfunction of South Korea’s political and judicial systems on its domestic and foreign affairs are immeasurable.
Isn’t it the time for all parties concerned, including the ruling and opposition parties and those involved in the judiciary, to regain their composure and sort out their differences and problems? It is hoped that they will gather their wisdom and find a way to bring the situation under control.
(From The Yomiuri Shimbun, Jan. 4, 2025)
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