South Korean Prosecutors Pursue Arrest of Former Defence Minister Over Martial Law Allegations

South Korean prosecutors are moving to arrest former Defence Minister Kim Yong Hyun, who is accused of collaborating with President Yoon Suk Yeol to impose martial law last week. The investigation centres on whether their actions constitute rebellion.

The martial law, the first in over 40 years, lasted only six hours but has sparked widespread protests and legal scrutiny. 

Authorities have issued a travel ban against Yoon and eight others, marking the first time a sitting South Korean president has been subjected to such a restriction.

On Tuesday, the Seoul Central District Court announced it would review the prosecutors’ request for a warrant to arrest Kim. He is accused of advising Yoon to impose martial law and ordering troops to block lawmakers from voting on it. Despite these efforts, parliament convened and unanimously rejected Yoon’s decree, forcing the Cabinet to rescind martial law before dawn on 4 December.

Kim issued a statement on Tuesday, saying, “I deeply apologise for causing significant anxiety and inconvenience.” He took full responsibility for the martial law order and urged leniency for the soldiers who acted under his instructions.

Kim has been detained since Sunday. If a warrant is approved, he would be the first person arrested in this case. Prosecutors would then have 20 days to decide whether to indict him. Convictions for rebellion in South Korea carry penalties ranging from imprisonment to the death penalty.

During a parliamentary hearing, Kwak Jong-keun, commander of the Army Special Warfare Command, testified that Kim directly instructed him to obstruct lawmakers’ access to the National Assembly chamber. 

“The purpose of Kim’s instructions was to prevent the 300-member parliament from gathering the 150 votes necessary to overturn Yoon’s martial law order,” Kwak said.

At the same hearing, Kim Dae-woo, a senior officer in the military’s counterintelligence agency, revealed that his commander, Yeo In-hyung, had inquired about detaining politicians in an army bunker. Yeo is considered a close ally of Kim Yong Hyun and is under investigation alongside other officials.

Opposition parties and experts argue that Yoon’s martial law decree was unconstitutional. They assert that South Korea faced no emergency justifying martial law and that deploying troops to suppress parliament constituted rebellion. According to the Constitution, the military cannot be used to suspend parliamentary activities under any circumstance.

Yoon defended his actions during his martial law declaration, claiming the need to purge “shameless North Korea followers and anti-state forces,” referring to liberal opposition members who dominate parliament. Since assuming office in 2022, Yoon has faced escalating tensions with the Democratic Party, which has attempted to impeach his officials and criticised him over various scandals.

The legal focus now shifts to President Yoon. South Korean law grants sitting presidents immunity from prosecution except in cases of rebellion or treason. 

Although Yoon could be questioned or detained, experts believe his security detail would resist any attempts to search his office or arrest him, citing concerns over national security.

Yoon narrowly avoided impeachment on Saturday when most governing party lawmakers boycotted the parliamentary vote. The opposition Democratic Party has vowed to push for another vote and has also submitted impeachment motions against Yoon’s police chief and justice minister.

If Yoon is impeached, his presidential powers would be suspended until the Constitutional Court decides whether to reinstate him or remove him from office. A removal would necessitate a new presidential election.

Faridah Abdulkadiri

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