Prosecutors in South Korea issued the indictment on Sunday President Yoon Suk-yeol is impeached of the rebellion in connection with his short-lived imposition of martial law, news reports said, a criminal charge that could punish him with death or life in prison if convicted.
This is the latest blow against Yoon, who was impeached and arrested for it on December 3 martial law decree which plunged the country into enormous political upheaval, shaking South Korean politics and financial markets as well as the country's international image. Separate from the criminal proceedings, the Constitutional Court is now deciding whether to formally remove Yun from the presidency or reinstate him.
South Korean media, including the Yonhap news agency, reported that the Seoul Central District Prosecutor's Office charged Yoon with rebellion. Calls to the prosecutor's office and Yun's lawyers went unanswered.
Yoon, a conservative, has strongly denied any wrongdoing, calling his martial law a legal act of governance aimed at raising public awareness of the dangers of the liberal-controlled National Assembly, which has obstructed his agenda and impeached top officials. During the martial law announcement, Yoon called the gathering a “den of criminals” and vowed to eliminate “shameless North Korean sympathizers and anti-state forces.”
Jeon Heon Kyun/Pool photo via AP, File
After martial law was declared on December 3, Yun sent the army and police into the assembly, but enough lawmakers still managed to enter the assembly hall to vote unanimously in favor of Yun's decree, forcing his cabinet to rescind it.
The imposition of martial law, the first of its kind in South Korea in more than 40 years, lasted just six hours. Still, it brought back painful memories of past dictatorial rule in the 1960s and 1980s, when military-backed rulers used martial law and emergency decrees to suppress opponents.
South Korea's constitution gives the president the power to declare martial law to maintain order during wartime and other similar emergencies, but many experts say the country was not in such a state when Yoon declared martial law.
Yoon insists that he had no intention of disrupting the assembly, including the vote on his decree, and that the deployment of troops and police forces was intended to maintain order. But commanders of military units targeting the assembly told assembly hearings or investigators that Yun ordered them to pull out the lawmakers.
The investigations into Yoon have deepened an already deep internal rift in the country, with rival protesters regularly holding rallies in central Seoul.
After a local court approved an official arrest warrant to extend Yoon's detention on January 19, dozens of his supporters stormed the courthouse, destroying windows, doors and other property. They also attacked the policemen with bricks, steel pipes and other objects. 17 policemen were injured in the violence, and police said they detained 46 protesters.
Yoon has previously resisted attempts by investigative authorities to question or detain him. He was then detained on January 15 during a massive operation by law enforcement agencies at his presidential residence.
Yun's investigation was led by the Office of Corruption Investigation for Senior Officials, but after his arrest, Yun refused to attend the IT director's questioning, saying he did not have the legal authority to investigate the rebellion allegations. The IT director said he may investigate Yoon's rebellion allegations as they relate to his abuse of power and other allegations.
Yun enjoys presidential immunity from most criminal prosecutions, but the privilege does not extend to charges of rebellion or treason.
The IT director referred Yoon's case to the Seoul prosecutor's office on Friday and asked that he be charged with rebellion, abuse of power and obstruction of the National Assembly. Under South Korean law, the leader of the rebellion faces life imprisonment or the death penalty.
In a statement Saturday, Yoon's defense team urged prosecutors to immediately release Yoon and open an investigation into the IT director.
Defense Minister Yuna, the police chief and several other military commanders have already been arrested for their roles in the martial law decree.