Lawyers say detained South Korean president will refuse further questioning

16 January 2025, 10:14

South Korea Martial Law
South Korea Martial Law. Picture: PA

President Yoon Suk Yeol exercised his right to remain silent as he underwent more than 10 hours of questioning.

Lawyers representing South Korea’s impeached president said he will refuse further questioning after being detained by anti-corruption officials over his ill-fated declaration of martial law last month, maintaining that the investigation is illegal.

President Yoon Suk Yeol exercised his right to remain silent as he underwent more than 10 hours of questioning on Wednesday at the headquarters of the Corruption Investigation Office for High-Ranking Officials, following a massive law enforcement operation to detain him at his official residence in Seoul.

Investigators are expected to move to place him under arrest in the coming days.

The anti-corruption agency, which is leading a joint investigation with the police and the military over whether Mr Yoon’s martial law declaration amounted to attempted rebellion, has 48 hours either to request a court order for his formal arrest or to release him.

South Korea Martial Law
South Korean President Yoon Suk Yeol applauds during a meeting (Ezra Acayan/AP)

Mr Yoon’s lawyers have argued that the detention warrant issued by the Seoul Western District Court is invalid and have asked the Seoul Central District Court to consider his release.

The clock for the arrest warrant is on hold while the court reviews his petition, which can take up to 48 hours.

On Thursday, his lawyers formally claimed Wednesday’s raid at the presidential residence which led to the detention of a head of state was illegal, in complaints filed with prosecutors.

Mr Yoon did not attend a hearing at the Central District Court on Thursday, which was part of the review, because of security concerns, according to Seok Dong-hyeon, one of the president’s lawyers.

It was expected that the decision could come some time during the evening.

Hundreds of Mr Yoon’s supporters gathered in the streets near the court amid a heavy police presence, waving banners and chanting slogans calling for his release.

Mr Yoon set off the country’s most serious political crisis since its democratisation in the late 1980s when he attempted to break through the gridlock in legislation by declaring martial law and deploying troops around the National Assembly on December 3.

The standoff lasted only hours before lawmakers managed to get through the blockade and voted to lift the measure.

His presidential powers were suspended when the opposition-dominated assembly voted to impeach him on December 14, accusing him of rebellion.

His fate now rests with the Constitutional Court, which has begun deliberating on whether to formally remove Mr Yoon from office or reject the charges and reinstate him.

Mr Yoon and his allies have defied efforts to investigate his role in the chaos of December 3.

He ignored requests to appear for questioning for weeks, remaining in his official residence to avoid detention as his lawyers turned away police, citing a law that protects locations potentially linked to military secrets from search without the consent of the person in charge — Mr Yoon himself.

They also said that the anti-corruption agency had no legal authority to investigate rebellion allegations.

South Korea Martial Law
Supporters of impeached South Korean President Yoon Suk Yeol stage a rally to oppose his impeachment (AP/Ahn Young-joon)

Mr Yoon also resisted one attempt to detain him as the presidential security service barricaded the residence.

He was finally brought into custody after hundreds of anti-corruption investigators and police raided the presidential compound for some five hours in a second attempt.

In a video message recorded shortly before he was escorted to the headquarters of the anti-corruption agency, Mr Yoon lamented that the “rule of law has completely collapsed in this country”.

He echoed the arguments of his lawyers that the anti-corruption agency does not have the authority to investigate his actions but said he accepted detention to prevent violence.

Following Mr Yoon’s questioning on Wednesday, his lawyers requested the Constitutional Court to delay a hearing scheduled for Thursday, citing the complications created by his detention.

It remains possible for Mr Yoon to exercise his right to attend, even while under detention.

If a court grants a warrant for Mr Yoon’s formal arrest, the anti-corruption investigators can extend his detention to 20 days, during which it will transfer the case to public prosecutors for an indictment.

If prosecutors indict Mr Yoon on the possible charges of rebellion and abuse of power, he could remain under arrest until the first court ruling, which is typically made within six months, said Park Sung-bae, an attorney specialising in criminal law.

Under South Korean law, the leader of a rebellion can face the death penalty or life imprisonment if convicted.

By Press Association

Latest World News

See more Latest World News

Three Israeli Hostages Released As Part Of Ceasefire Deal

Abuse suffered by Hamas hostages during their 500 days in captivity revealed

Garda

Man arrested after several people reportedly stabbed in Dublin

The plane was forced to make an emergency landing

easyJet flight forced to make emergency landing after pilot collapses on board

Donald Trump has spoken to Vladimir Putin

Trump confirms he 'spoke to Putin about ending war in Ukraine' as Russian president 'wants to see people stop dying'

displaced Gazans walking toward Gaza City on January 27, 2025, after crossing the Netzarim corridor from the southern Gaza Strip.

Israeli troops withdraw from key militarised corridor that splits Gaza in two as part of ceasefire deal

The bodies of Andrew Searle and his wife Dawn were discovered by a neighbour in Les Pesquiès, south of Villefranche-de-Rouergue, on Thursday afternoon.

Mysterious death of British couple in French villa suspected murder-suicide as investigators consider new theories

David Schwimmer has called for Elon Musk to ban Kanye West from X

Friends star David Schwimmer calls for Kanye West to be banned from X over 'hate-filled, ignorant' remarks

The NTSB recovers the debris of a Sikorsky UH-60 Black Hawk involved in a mid-air collision near DCA in Arlington, VA.

All major parts of DC plane and Black Hawk helicopter involved in mid-air collision recovered, investigators confirm

A Thai hostage who was freed from Hamas, Pongsak Thaenna, hugs a relative upon arrival at Suvarnabhumi International Airport

'We never gave up hope': Freed Thai hostages in tears of joy as they reunite with families after more than a year

'Make Europe Great Again' Rally In Madrid

'Make Europe Great Again': Far-right European political leaders praise Trump at Madrid meeting

Freed Palestinian prisoners are greeted by a crowd as they arrive in the Gaza Strip after being released from an Israeli prison following a ceasefire agreement between Hamas and Israel in Khan Younis, southern Gaza Strip.

Emotional scenes in West Bank and Gaza as Palestinians reunited with their families after release from Israeli prisons

Israeli hostage reunited with his family.

Emotional moment Israeli hostages reunite with families after being paraded on stage by Hamas

Police officers hold back protesters trying to block the road at the rally.

Protesters clash with police as thousands rally outside proposed site for new Chinese ‘mega-embassy’ in London

Hollyoaks star and country singer thought to be son of British couple shot dead in French villa ‘by UK gangsters’

Hollyoaks star breaks silence over death of mum found dead in French villa with her husband

The Government has ordered Apple to allow it to access encrypted files uploaded to the cloud by any Apple user worldwide, it has been reported.

UK Government orders Apple to give it access to users’ encrypted data in 'unprecedented attack on privacy'

The wreckage of the small commuter plane that crashed in western Alaska has been found

Missing Alaska Bering Air plane found with all 10 people on board confirmed dead