South Korean lawmakers seek independent probe as Yoon's lawyers warn detention may spark 'civil war'

South Korea's opposition parties on Thursday introduced a bill calling for an independent investigation into an alleged brief martial law order by impeached President Yoon Suk-yeol. This comes as thousands of supporters and critics held tense rallies near his residence amid the possibility of his detention.

The bill, jointly submitted by six parties including the main liberal opposition Democratic Party, proposes a special prosecutor to investigate whether Yoon’s December 3rd martial law order constituted an act of attempted rebellion. It also seeks to probe opposition claims that Yoon allegedly provoked a conflict with North Korea by flying drones over Pyongyang or discussing the possibility of shooting down North Korean trash balloons crossing the border, to create a pretext for seizing power domestically. Yoon’s lawyers and the South Korean military have denied these allegations.

Yoon remains in his official residence in Seoul, with presidential security having fortified the area with razor wire and rows of vehicles to enhance defenses against another attempt by law enforcement to detain him, following a failed attempt last week. The Corruption Investigation Office for High-ranking Officials, which is leading the joint probe with police and the military, has pledged to cooperate with police to take stronger action to detain Yoon. The office warned that presidential security personnel could be arrested if they obstruct the arrest of the embattled president.

Yoon's lawyers have argued against his detention, claiming there is no threat of him fleeing or destroying evidence. They assert that images of him being dragged away in handcuffs could trigger a "civil war" in the divided country. Yoon’s legal team lawyer, Seok Dong-hyeon, emphasized the strong protests by Yoon’s supporters at a press briefing on Thursday and claimed the anti-corruption office's "reckless" attempt to detain Yoon would "spark a fierce backlash from angry citizens."

"It would literally be a civil war," he said, and claimed that the attempt to detain Yoon was aimed at humiliating him by parading him in handcuffs. Thousands of Yoon's supporters and critics continued daily rallies near his residence, separated by police lines and fences, chanting slogans either vowing to protect him or calling for his removal. They occasionally shouted insults at each other, but there were no immediate reports of major clashes.

The opposition claims that an independent investigation is crucial because separate investigations led by the country’s anti-corruption agency and prosecutors have been hampered by Yoon's lack of cooperation. The new bill proposes that the Supreme Court Chief Justice recommend two candidates to Yoon, who would then select one to serve as special prosecutor. If Yoon refuses to appoint anyone, the older of the two candidates would automatically assume the role.

An earlier opposition-proposed independent investigation bill was voted down by the National Assembly on Wednesday due to objections from Yoon's conservative party members to a clause that would have allowed only the opposition to recommend special prosecutor candidates. The bill failed by just two votes, and the Democratic Party hopes the new bill will be able to pass. Yoon’s lawyers have questioned the legality of a new detention order issued on Tuesday by the Seoul Western District Court after the failed attempt to detain Yoon. They argued that the agency lacked the legal authority to investigate rebellion allegations or order police to detain a suspect.

They have urged the agency to either indict the president or seek a formal arrest warrant, which would require a court hearing. However, the president has indicated that he would only comply with an arrest warrant issued by the Seoul Central District Court. His lawyers accused the agency of deliberately selecting a court with a judge who was allegedly favorable to them. After Yoon declared martial law and deployed troops to surround the National Assembly for several hours, lawmakers who managed to break the blockade voted to lift the martial law order. Yoon’s presidential powers were suspended when the opposition-dominated parliament voted to impeach him on December 14, accusing him of rebellion. The Constitutional Court has begun deliberating whether to formally remove Yoon from office or reinstate him.