SEOUL, January 27 (AJP) - Prosecutors announced Sunday that President Yoon Suk Yeol has been indicted on insurrection charges, following an investigation that deemed his Dec. 3, 2024, declaration of emergency martial law an unconstitutional attempt to undermine South Korea's democratic order.
Yoon is accused of using an unconstitutional martial law decree to block the National Assembly, seize electronic data from the National Election Commission (NEC), deploy soldiers to detain key political figures including party leaders and the Assembly Speaker, obstruct a parliamentary resolution to lift martial law, and attempt to establish a separate emergency legislative body to bypass the Assembly's authority.
"We have found compelling evidence that the president orchestrated and directed unconstitutional actions to disrupt the constitutional functions of the National Assembly and the National Election Commission," prosecutors from the Special Investigation Task Force, led by Senior Prosecutor Park Se-hyun, said.
The indictment, the first against a sitting president for insurrection in South Korea’s history, is based on evidence that Yoon organized and deployed armed forces to suppress legislative and electoral processes. Prosecutors allege that Yoon, in collaboration with former Defense Minister Kim Yong-hyun and other senior officials, mobilized approximately 5,400 personnel, including 1,600 armed soldiers and 3,800 police officers, to key government facilities such as the National Assembly.
The prosecution outlined Yoon’s direct involvement in the planning and execution of martial law, including reviewing and approving the martial law decree and directing Deputy Prime Minister Choi Sang-mok to allocate funds for a "state emergency legislative body" that would bypass the Assembly's authority. Evidence presented by investigators includes orders Yoon allegedly gave to senior officials, such as, "Go into the main hall, have four personnel grab each lawmaker, and drag them out."
Martial law forces breached the National Assembly shortly after Yoon’s declaration, but 190 lawmakers convened despite resistance. By 1:30 a.m. on Dec. 4, they unanimously passed a resolution to lift martial law, forcing the withdrawal of armed personnel. Prosecutors determined that Yoon’s actions constituted a premeditated insurrection under Article 87 of the Criminal Code.
The Dec. 3 declaration, which Yoon justified as a response to "pro-North Korean forces and anti-government activities," sparked massive public outrage. Millions of protesters gathered in central Seoul, demanding his resignation. On Dec. 14, the National Assembly voted 204 to 85 to impeach Yoon, suspending him from office and initiating a Constitutional Court trial to determine whether to uphold the impeachment.
Yoon was arrested on Jan. 15 in a large-scale operation involving over 2,000 investigators and detained at the Seoul Detention Center. Despite his legal team’s repeated challenges, prosecutors moved forward with the indictment one day before his detention period expired. "Given the overwhelming evidence, including testimony and documentation, we believe this case holds substantial merit," a senior prosecutor said.
While other charges, such as abuse of power and obstruction of justice, were considered, prosecutors chose to focus on the insurrection charge due to its gravity.
reporter
Park Sae-jin
swatchsjp@ajunews.com
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