Investigators Pursue New Arrest Warrant for Impeached South Korean President Yoon Suk Yeol

South Korean anti-corruption investigators have taken fresh steps to secure a new arrest warrant for impeached President Yoon Suk Yeol. The move follows his failed attempt to impose martial law last month, a decision that ignited the country’s worst political crisis in decades.

Yoon has declined to respond to three rounds of questioning regarding the controversial martial law decree. The South Korean anti-graft authorities are now seeking another arrest warrant from the Seoul Western District Court, the same court that issued the initial order. However, Yoon remains secluded at his residence, surrounded by hundreds of guards who are preventing his detention.

On Monday, the Corruption Investigation Office (CIO) confirmed in a statement, “The Joint Investigation Headquarters has today refiled a warrant with the Seoul Western District Court to extend the arrest warrant for defendant Yoon.” However, the CIO declined to disclose further details on the warrant’s validity period after the original seven-day order expired.

If the investigators succeed in detaining Yoon, he would become the first sitting president in South Korea’s history to be arrested. As of Tuesday afternoon, neither the investigators nor the Seoul court had commented on whether the new warrant would be approved.

Deputy Director of the CIO, Lee Jae-Seung, told reporters that he believed it was “very unlikely” that the court would reject the extension of the warrant. Yoon is facing charges of insurrection, and if formally arrested and convicted, could face prison time or, in the worst-case scenario, the death penalty.

Yoon’s legal team has continued to assert that the initial warrant was “unlawful,” and they have pledged to pursue further legal action. His lawyers argue that the CIO lacks jurisdiction to investigate him, stating that insurrection is not within the scope of offenses the agency is authorized to probe.

However, Yun Bok-Nam, president of Lawyers for a Democratic Society, who is not directly involved in the investigation, predicted a “high likelihood” that the reissued warrant would be granted. He noted that the process might take longer than expected, with the previous warrant taking nearly a day and a half to be issued.

Despite being a relatively new agency, the CIO, with fewer than 100 staff members, has yet to prosecute any cases. “They lack experience in conducting arrests, especially something as momentous as arresting the president,” Yun observed. He emphasized that cooperation from the police would be crucial in the case, particularly through the Joint Investigation Headquarters, which brings together both forces.

The opposition Democratic Party has also taken action, announcing plans to file a legal complaint against Acting President Choi Sang-mok for “dereliction of duty.” The party had requested his intervention in the matter, but he failed to act.

South Korea’s Constitutional Court is scheduled to begin Yoon’s impeachment trial on January 14, which will proceed in his absence if he does not attend. While local media reports suggest that Yoon may appear on the trial’s opening day, his lawyer has stated that his attendance is still “undecided.”

The court has up to 180 days to rule on whether to formally remove Yoon from office or restore his powers. Former presidents Roh Moo-hyun and Park Geun-hye did not attend their impeachment trials in 2004 and 2016-2017, respectively.

Investigators have faced significant challenges in trying to arrest Yoon, as a large number of guards have been stationed at his residence for protection. This was highlighted during a tense six-hour standoff last Friday, when the presidential security service refused to allow investigators access, forcing them to retreat.