South Korean President Yoon Suk Yeol charged with rebellion over martial law declaration

South Korean prosecutors on Sunday indicted impeached President Yoon Suk-yeol on charges of insurrection related to his brief imposition of martial law. If convicted, the criminal charge could lead to the death penalty or life imprisonment. This is yet another blow to Yoon, who was impeached and arrested following his December 3rd martial law decree that plunged the nation into political turmoil, rattled financial markets, and damaged its international image.

In addition to the criminal justice process, the Constitutional Court is currently deliberating whether to formally remove Yoon from the presidency or reinstate him. Yoon has become the first South Korean president to be indicted while in office. He will remain jailed and be transported from detention to Seoul court for trial hearings, which are expected to last about six months.

Prosecutors said in a statement that they indicted Yoon on charges of directing an insurrection when he imposed martial law. Investigative agencies previously claimed that Yoon's implementation of martial law amounted to an insurrection because he incited turmoil to undermine the constitution. Yoon's defense team slammed the indictment, calling it the "worst decision" by prosecutors, who they believe are trying to curry favor with political forces seeking Yoon's ouster.

“Today’s indictment of the president will go down as an indelible disgrace in the history of South Korean prosecutors. We reiterate that the president’s declaration of martial law could never be an act of insurrection,” Yoon's defense team said in a statement. Yoon enjoys presidential immunity from most criminal prosecutions, but this privilege does not apply to charges of insurrection or treason. Under South Korean law, leaders of an insurrection can face life imprisonment or the death penalty.

Yoon, a conservative, has vehemently denied any wrongdoing, saying his martial law declaration was a legitimate act of governance aimed at raising public awareness about the dangers of the liberal-controlled National Assembly that was blocking his agenda and impeaching his senior officials. During the martial law declaration, Yoon called the parliament a “den of criminals” and vowed to purge “shameless followers of North Korea and anti-state forces.”

After declaring martial law on December 3rd, Yoon dispatched troops and police to the parliament, but enough lawmakers managed to enter the parliamentary chamber and unanimously voted down Yoon's decree, forcing his cabinet to rescind it. The martial law, the first in South Korea in more than four decades, lasted only six hours. However, it evoked painful memories of South Korea’s authoritarian rule in the 1960s-1980s, when military-backed rulers used martial law and emergency decrees to suppress opponents.

The South Korean constitution gives the president the power to declare martial law to maintain order in times of war and other similar emergencies, but many experts say the country was not in such a situation when Yoon declared martial law. Yoon has insisted that he had no intention of interfering with the work of the parliament, including the vote on his decree, and that the deployment of troops and police forces was to maintain order. However, the commander of the military units sent to the parliament testified before a parliamentary hearing or investigators that Yoon ordered them to drag out lawmakers to prevent them from overturning his decree.

The investigation into Yoon has deepened the country's already severe internal divisions, with hostile protesters frequently staging rallies in downtown Seoul. After a local court approved a formal arrest warrant on January 19 to extend Yoon's detention, dozens of his supporters stormed the courthouse building, damaging windows, doors, and other property. They also attacked police officers with bricks, steel pipes, and other objects, injuring 17 officers, and police said they detained 46 protesters.

Yoon earlier resisted efforts by investigative agencies to question or detain him. He was then arrested on January 15 during a large-scale law enforcement operation at his presidential office. Leading the investigation into Yoon is the Senior Officials Corruption Investigation Office, but Yoon has refused to attend CIO questioning sessions since his detention, saying it has no right to investigate the insurrection charges. The CIO has said it can investigate Yoon's insurrection charges because it is related to his alleged abuse of power and other charges.

The CIO on Friday transferred Yoon's case to the Seoul prosecutors' office, requesting that he be indicted on charges of insurrection, abuse of power, and obstruction of the National Assembly. Prosecutors said they indicted Yoon only on insurrection charges, considering that Yoon enjoys presidential immunity from other charges. Yoon’s defense minister, police chief, and several other military commanders have been arrested on suspicion of insurrection, abuse of power, and other charges related to the martial law decree.

If the Constitutional Court rules to remove Yoon from office, a national election must be held within two months to elect his successor. Recent polls show that candidates from the ruling and opposition parties are running neck and neck in a possible presidential by-election race.