President Yoon remains in prison

Suspended South Korean President Yoon Suk Yeol, under impeachment proceedings since his abortive declaration of martial law, was indicted on Sunday for leading an “insurrection”. He remains in detention.

As a reminder, President Yoon plunged South Korea into political chaos by attempting, on December 3, to decree martial law. A measure which lasted only six hours, before being rejected by the deputies who managed to meet urgently in parliament. He was suspended shortly after, becoming the first sitting South Korean head of state to be arrested.

This arrest came after several weeks of detention in his residence, where his bodyguards had resisted attempts at his incarceration. Yoon Suk Yeol is now in the Seoul Detention Center. He has refused to cooperate with the criminal investigation into his declaration of martial law, with his lawyers arguing that investigators have no legal authority.

His formal detention charge means he will now be kept behind bars until his trial, which is due to take place within six months.

“continued risk of destruction of evidence”

His indictment was widely expected after a court twice rejected prosecutors’ requests to extend his arrest warrant while the investigation continued. After a thorough review of the evidence obtained during the investigation, prosecutors explained in a statement that it was “entirely appropriate to charge the defendant.”

Still according to the same press release, the need to keep President Yoon behind bars was justified by a “continued risk of destruction of evidence”. Prosecutors also emphasized that the charge of leading an insurrection is not covered by presidential immunity.

The opposition welcomed this indictment. “We must arrest not only those who plotted to carry out an illegal insurrection, but also those who instigated it by spreading misinformation,” said Han Min-soo, a member of parliament.

Without providing evidence, President Yoon and his legal team cited alleged electoral fraud and legislative gridlock in the opposition-controlled parliament to justify the declaration of martial law.

Stop the steal

South Korean leader vows to ‘fight to the end’, drawing support from supporters who embrace rhetoric Stop the steal (Stop the Steal), borrowed from Donald Trump voters, convinced that their leader was cheated in the 2020 American presidential election.

“This indictment will bring a sense of relief, reaffirming that the constitutional order is functioning as it should,” said Bae Kang-hoon, co-founder of political think tank Valid.

President Yoon also faces a series of hearings by the Constitutional Court, which will decide whether to uphold his indictment and formally strip him of the presidency. If the Court rules against him, he will lose the presidency and an election will be held within 60 days. For the moment he remains the South Korean head of state despite his detention.

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