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Why is it so difficult to arrest an impeached president?


Getty Images Police officers remove supporters of impeached South Korean President Yoon Suk-yeol from outside his official residence in Seoul, South Korea, January 2, 2025.Getty Images

Police remove supporters of impeached South Korean President Yoon Suk-yeol from outside his official residence in Seoul

There were more than 100 police officers there and they were armed with a warrant – but the South Korean authorities failed to arrest ousted President Yoon Suk-yeol after a six-hour standoff outside his home.

According to local media, that’s how long the standoff with Yuna’s security team lasted as they formed a human wall and used vehicles to block the way of the arrested group.

It’s been an unprecedented month for South Korean politics, with Yun’s shocking but short-lived martial law order followed by an impeachment vote against him. A criminal investigation was then launched, his refusal to appear for questioning and a warrant for his arrest was issued earlier this week.

The right-wing leader still has a strong base of support – and thousands of them rallied outside his home on Friday morning to protest his arrest.

But by many accounts, Yun is now a leader in disgrace – impeached by parliament and removed from office, awaiting a decision from the constitutional court that could remove him from office.

So why did the police find it so difficult to arrest him?

People who protect the president

Although Yoon has been stripped of his presidential powers – after lawmakers voted to impeach him – he is still eligible for a security detail.

And those people played a key role in blocking Friday’s arrest.

The Presidential Security Service (PSS) may have acted out of loyalty to Yun or “a misunderstanding of its legal and constitutional role,” says Mason Ritchie, an associate professor at Seoul’s Hankuk University of Foreign Studies.

Reuters Anti-Yoon protesters clash with police during a march to the official residence of impeached South Korean President Yoon Suk-yeolReuters

Anti-Yun protesters clash with police after investigators fail to arrest ousted president

Given that Yoon has been suspended, the PSS must follow instructions from Acting President Choi Sang Mok. “Acting President Choi has either not instructed them to resign, or they are refusing his orders to do so,” Associate Professor Ritchie says.

Some experts believe that security officials showed “unconditional loyalty” to Yun, rather than to the office itself. They point to the fact that PSS chief Park Jung-joon was appointed to the position by Yoon last September.

“It may well be that Yoon seeded the organization with fierce loyalists in preparation for just this eventuality,” says Christopher Jumin Lee, an American lawyer and Korea expert.

And this Park’s predecessor was former Defense Minister Kim Yong-hyun, who is accused of advising Yun to impose martial law. He is currently being held for questioning as part of the criminal investigation against Yoon.

Yuna's residence

Risk of escalation

The “simplest” solution, Mr. Lee says, is for Acting President Choi to order the PSS to step down temporarily.

“If he doesn’t want to do that, it could be grounds for his own impeachment by the National Assembly,” he added.

Choi, who is finance minister, took over after lawmakers voted to impeach Yun’s first successor, Prime Minister Han Dak-soo.

This political impasse also reflects the polarization of South Korean politics – between those who support Yun and his decision to impose martial law, and those who oppose it. And the differences don’t necessarily end there.

The vast majority of South Koreans agree that Yun’s declaration of martial law on Dec. 3 was wrong and that he should be held accountable, says Doyoung Kim, associate senior fellow at the Center for a New American Security — but they can’t agree on by what responsibility looks like.

“Participants disagree about process, procedure and their legal framework, which adds to the current political uncertainty,” she explains.

That uncertainty is also creating a tense standoff, similar to the one that erupted Friday in and around Yun’s presidential residence, where his supporters camped for days, leading to heated demonstrations and even clashes with police.

Law enforcement could return with more agents and use force, but that would be “very dangerous,” Associate Professor Mason said.

Getty Images Screens A show footage of South Korean President Yoon Suk-yeol's address to the nation at Seoul Station on December 7, 2024. in Seoul, South Korea.Getty Images

President of South Korea Yoon Suk-yeol

The PSS is also well armed, so arresting officers will be keen to avoid any escalation.

“What happens if the police show up with additional warrants demanding the arrest of PSS personnel, (PSS) also ignores those warrants and then brandishes their weapons?” asks Mr. Lee.

Police have now said they are investigating the PSS director and his deputy for obstructing them – so more charges and arrest warrants could be issued.

The fallout from Yoon’s martial law is also a problem for the Corruption Investigation Office (CIO), which is investigating him.

He has been working for only four years. It was created in response to public anger over former President Park Geun-hye, who was impeached, removed from office and later imprisoned in a corruption scandal.

While South Korean presidents have been jailed before, Yoon became the first to face arrest before stepping down.

Investigators have until Jan. 6 to arrest Yoon before the current warrant expires.

They may try to arrest Yoon again on the weekend, although the weekend could be a bigger problem if the crowds of supporters grow. They can also apply for a new warrant and try to detain again.

Given how far South Korea has ventured into uncharted territory, uncertainty is likely to persist.

Additional report by Eve Co



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