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Why is it so difficult to arrest the impeached president?


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Police officers remove supporters of impeached South Korean President Yoon Suk Yeol outside his official residence in Seoul

There were more than 100 police officers and they were armed with a warrant – but from the South Korean authorities failed to arrest suspended chairman Yoon Suk Yeol after a six-hour standstill in front of his house.

The standoff with Yoon’s security team went on for so long that they formed a human wall and used vehicles to block the way for the arrest team, according to local media.

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

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

But by many accounts, Yoon is now a disgraced leader – impeached by parliament and suspended from office, he awaits a decision from the constitutional court that can remove him from office.

So why was it so difficult for the police to arrest him?

The people who guard the president

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

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

The Presidential Security Service (PSS) could have acted out of loyalty to Yoon or under “a misunderstanding of its legal and constitutional role,” says Mason Richey, an associate professor at Hankuk University of Foreign Studies in Seoul.

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Anti-Yoon protesters clashed with police after investigators failed to arrest the suspended president

With Yoon suspended, the PSS should follow instructions from Acting President Choi Sang-mok. “Acting President Choi has either not been instructed to step down or is refusing his orders to do so,” says Asst. prof. Richey.

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

“It’s quite possible that Yoon seeded the organization with die-hard loyalists in preparation for this very possibility,” says American lawyer and Korea expert Christopher Jumin Lee.

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

Risk of escalation

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

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

Choi, who is finance minister, became the country’s leader after lawmakers voted to impeach Yoon’s first successor, Prime Minister Han Duck-soo.

This political deadlock also reflects the polarization in South Korean politics – between those who support Yoon 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 Yoon’s Dec. 3 declaration of emergency was wrong and that he should be held accountable, says Duyeon Kim, associate senior fellow at the Center for a New American Security — but they can’t agree on what accountability looks like.

“The actors involved do not agree on the process, procedure and their legal basis, which contributes to the current political uncertainty,” she explains.

That uncertainty is also creating tense clashes like the one that played out Friday inside and outside Yoon’s presidential residence, where his supporters camped out for days, leading to heated speeches and even clashes with police.

Police could return with more agents and use force, but that would be “very dangerous,” said Asst. prof. Mason.

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South Korean President Yoon Suk Yeol

The PSS is also heavily armed, so arresting officers would try to avoid any escalation.

“What happens if the police show up with additional arrest warrants for PSS personnel, [the PSS] also defy those orders and then brandish their weapons?” asks Mr Lee.

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

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

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

While South Korean presidents have been jailed before, Yoon is 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 over the weekend, although the weekend could present a bigger challenge if the crowd of supporters grows. They can also apply for a new warrant and try to bring him into custody again.

Given how far South Korea has now slipped into uncharted territory, the uncertainty is likely to continue.

Additional reporting by Ewa Koh



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