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South Korea's Impeached Pres. Detained 01/15 06:07
South Korea's impeached president, Yoon Suk Yeol, was detained in a major
law enforcement operation at the presidential compound Wednesday, defiantly
insisting the anti-corruption agency didn't have the authority to investigate
his actions but saying he complied to prevent violence.
SEOUL, South Korea (AP) -- South Korea's impeached president, Yoon Suk Yeol,
was detained in a major law enforcement operation at the presidential compound
Wednesday, defiantly insisting the anti-corruption agency didn't have the
authority to investigate his actions but saying he complied to prevent violence.
Yoon, the country's first sitting president to be apprehended, now faces the
prospect of a lengthy prison term over potential rebellion charges.
In a video message recorded shortly before he was escorted to the
headquarters of the anti-corruption agency, Yoon lamented the "rule of law has
completely collapsed in this country."
Yoon had been holed up in the Hannam-dong residence in the capital, Seoul,
for weeks while vowing to "fight to the end" the efforts to oust him. He has
justified his declaration of martial law Dec. 3 as a legitimate act of
governance against an "anti-state" opposition employing its legislative
majority to thwart his agenda.
The Corruption Investigation Office for High-Ranking Officials said Yoon was
brought into custody about five hours after investigators arrived at the
presidential compound and about three hours after they successfully entered the
residence, in their second attempt to detain him over his imposition of martial
law.
A series of black SUVs, some equipped with sirens, were seen leaving the
presidential compound with police escorts. Yoon was later seen stepping out of
a vehicle after arriving at the agency's office in the nearby city of Gwacheon.
Following questioning, Yoon was expected to be sent to a detention center in
Uiwang, near Seoul.
What's next?
Yoon could be held in custody for weeks, possibly even months or longer.
The anti-corruption agency, which is leading a joint investigation with the
police and the military over whether Yoon's martial law declaration amounted to
an attempted rebellion, has 48 hours to request a court order for his formal
arrest on a charge of attempting a rebellion.
If it fails to do so, Yoon will be released. If Yoon is formally arrested,
investigators can extend his detention to 20 days before transferring the case
to public prosecutors for indictment.
If prosecutors indict Yoon on rebellion and abuse of power charges, which
are the allegations examined by investigators, he could possibly remain under
arrest until the initial court ruling, which is typically made within six
months, said Park Sung-bae, an attorney specializing in criminal law.
Under South Korean law, the leader of a rebellion can face the death penalty
or life imprisonment, if convicted.
"If the first court hands down a prison sentence, the detention simply
continues," Park said. "If they sentence him to life imprisonment, for example,
he continues serving that sentence straight through."
Yoon's defense minister, police chief and several top military commanders
already had been arrested over their roles in the enforcement of martial law.
The detention warrant for Yoon, issued by the Seoul Western District Court,
said there were substantial reasons to suspect that he committed crimes as a
"ringleader of a rebellion."
The anti-corruption agency told reporters that Yoon, during several hours of
questioning through Wednesday, exercised his right to remain silent.
Yoon's presidential powers were suspended when parliament impeached him on
Dec. 14. The impeachment case now rests with the Constitutional Court, which
could formally remove Yoon from office or reject the case and reinstate him.
In a separate message posted on his Facebook account after he was detained,
Yoon said that "martial law is not a crime," saying his declaration was
necessary to raise awareness about an opposition that was exercising
"legislative dictatorship by blocking laws and budgets" and "paralyzing" state
affairs. He denied the rebellion accusations, describing his impeachment as
"fraud."
The scene at the compound
As they began the detention operation in the early morning, the
anti-corruption investigators and police officers engaged in an hourslong
standoff at the compound's gate with presidential security forces, but
otherwise encountered no meaningful resistance.
Police officers were seen using wire cutters to remove the barbed wire
placed by the presidential security service on the perimeter of the compound to
block their entry. Some police officers used ladders to climb over rows of
buses blocking the compound's entrance, and then the investigators began moving
up the hilly compound. The investigators and police later arrived in front of a
metal gate with a gold presidential mark that's near Yoon's residential
building. Some officers were seen entering a security door on the side of the
metal gate, joined by one of Yoon's lawyers and his chief of staff, before Yoon
was driven out.
The preparations and the concerns
South Korea's acting leader, Deputy Prime Minister Choi Sang-mok, issued a
statement early Wednesday urging law enforcement and the presidential security
service to ensure there were no "physical clashes."
Following Yoon's detention, Choi met with diplomats from the Group of Seven
nations, including the United States, Japan, the U.K. and Germany, as well as
the representative of the European Union, to reassure them that the government
was functioning with stability.
Park Chan-dae, floor leader of the liberal opposition Democratic Party,
which drove the legislative campaign to impeach Yoon, said that Yoon's
detention was the "first step toward restoring constitutional order, democracy,
and realizing the rule of law."
Lawmakers from Yoon's People Power Party condemned the detention as unlawful.
The National Police Agency met with field commanders in Seoul and nearby
Gyeonggi province in recent days to plan their efforts to detain Yoon, and the
size of those forces fueled speculation that more than 1,000 officers could be
deployed. The agency and police had openly warned that presidential bodyguards
obstructing the execution of the warrant could be taken into custody.
Yoon's lawyers have said that the detention warrant issued by the Seoul
Western District Court was invalid. They cited a law that protects locations
potentially linked to military secrets from search without the consent of the
person in charge -- which would be Yoon. They also said that the
anti-corruption agency had no legal authority to investigate rebellion
allegations.
"I am truly appalled to see illegalities upon illegalities upon illegalities
being carried out and procedures being forcefully conducted under an invalid
warrant," Yoon said in the video.
"I do not acknowledge the investigation by the Corruption Investigation
Office for High-Ranking Officials. As the president, who is responsible for
upholding the constitution and legal system of the Republic of Korea, my
decision to comply with such illegal and invalid procedures is not an
acknowledgment of them, but rather a willingness to prevent unfortunate and
bloody incidents."
Yoon's supporters and critics have held competing protests near the
residence -- one side vowing to protect him, the other calling for his
imprisonment -- while thousands of police officers in yellow jackets closely
monitored the tense situation.
Some Yoon supporters reacted with dismay as they watched the motorcade head
toward Gwacheon. A few were removed by police officers after lying down on the
road in protest.
What led to this
Yoon declared martial law and deployed troops around the National Assembly
on Dec. 3. It lasted only hours before lawmakers managed to get through the
blockade and vote to lift the measure. The opposition-led assembly voted to
impeach him on rebellion charges on Dec. 14.
The Constitutional Court held its first formal hearing in the impeachment
case on Tuesday, but the session lasted less than five minutes, because Yoon
refused to attend. The next hearing is set for Thursday.
The White House National Security Council issued a statement saying that the
U.S. stands by its support for the Korean people and "our shared commitment to
the rule of law." It said that Washington remains committed to working with the
government led by Seoul's acting leader, Choi, and reaffirms the strength of
the countries' alliance.
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