South Korean President Yoon Indicted on Insurrection Charges

(Bloomberg) -- South Korean prosecutors charged President Yoon Suk Yeol for his failed attempt last month to place the country under martial law, forcing the impeached leader to remain in detention as they build a case against him.

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Yoon was indicted on charges of insurrection on Sunday, South Korea’s Yonhap News reported, citing the prosecutors’ office. He’s the first sitting president to be charged while in office, and can be detained for as long as six months while his case is reviewed.

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Yoon shocked the nation and the world by briefly imposing martial law in early December, plunging South Korea into its worst constitutional crisis in decades. The short-lived decree ultimately led to his impeachment and the first-ever arrest of a sitting president in South Korea.

“The president’s martial law declaration can never be an insurrection,” Yoon’s lawyers said in a statement after the indictment. “Now, it’s time for the judiciary to reveal the truth.”

Treason and insurrection are the only two crimes for which a sitting president can face charges in South Korea. If convicted, Yoon could face a maximum sentence of life in prison. There is also the remote possibility of the death penalty.

The indictment comes just before Yoon was due to be released from detention early Monday, following the Seoul Central District Court’s second rejection of a request by prosecutors to extend his remand.

The embattled leader had been stonewalling efforts by investigators to secure answers over his role in declaring martial law. Yoon has questioned the validity of the criminal probe launched by the Corruption Investigation Office for High-ranking Officials, and said the martial law declaration was within his constitutional powers.

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The CIO sent Yoon’s case to the Seoul Central District Prosecutors’ Office on Thursday.

Prosecutors accused Yoon of allegedly leading an insurrection by declaring martial law when there were no signs of a state emergency to invoke the decree, Yonhap reported.

The Supreme Prosecutors’ Office did not respond to calls seeking comment outside regular business hours.

The president is suspected of trying to lock down the National Assembly to block lawmakers from lifting the martial law, and attempting to arrest key politicians. Yoon has denied all these allegations at a separate impeachment trial under way at the Constitutional Court.

With the two cases against Yoon continuing, the public remains sharply divided over the future direction for the country.

Over the weekend, some 30,000 Yoon supporters gathered in downtown Seoul to demand his release, while another 7,000 protesters nearby called for Yoon’s ouster, Yonhap said, citing police estimates.

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South Korea’s Constitutional Court has up to six months to decide whether to permanently remove Yoon from office. If the court upholds Yoon’s impeachment, it would trigger a presidential election within 60 days.

A weekly Gallup opinion poll on Friday showed the main opposition party only fractionally ahead of the ruling party in terms of popular support. The survey showed 59% of respondents supporting Yoon’s impeachment and 36% opposed.

(Updates with comments from Yoon’s lawyer)

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