South Korea: Why is it so difficult to arrest the impeached president?

There were more than 100 policemen and they were armed with warrants, but the South Korean authorities Failed to arrest suspended President Yoon Suk-yul. After a six-hour standoff outside his home.

According to local media, clashes with Yun’s security team continued until they formed a human wall and used vehicles to block the arrest team’s path.

It has been an unprecedented month for South Korean politics. Yun’s shocking but short-lived martial law order was followed by a vote of impeachment against him. Then came a criminal investigation, a refusal to appear for questioning and, earlier this week, a warrant for his arrest.

The right-wing leader still enjoys strong support. Thousands of people protested his arrest outside his home on Friday morning.

But, by many accounts, Yun is now a disgraced leader impeached by parliament and suspended from office, awaiting a constitutional court ruling that could remove him from office.

So why did it prove so difficult for the police to arrest him?

Although Yun has been stripped of his presidential powers – after lawmakers voted to impeach him – he is still entitled to a security detail.

And these men played a key role in preventing the arrest on Friday.

Mason Ritchie, an associate professor at Seoul’s Hankook University of Foreign Studies, says the Presidential Security Service (PSS) could have acted out of loyalty to Yun or “a misunderstanding of his legal and constitutional role”.

Given that Yoon has been suspended, the PSS should take instructions from Acting President Choi Sang-mok. “He has either not been instructed by Acting President Choi to resign, or is refusing his orders to do so,” says Associate Professor Ritchie.

Some experts believe that security officers were showing “unconditional loyalty” to Yun rather than to the office. They point to the fact that PSS chief Park Jong-joon was appointed to the position by Yoon last September.

“It may well be that Yun prepared the organization with die-hard loyalists to prepare for just this eventuality,” says Christopher Jumin Lee, a US-based lawyer and Korea expert.

And Park’s predecessor was former Defense Minister Kim Yong-hyun, who is accused of advising Yoon to impose martial law. He is currently being held for questioning as part of a criminal investigation into Yoon.

Mr Lee says the “simplest” solution is for Acting President Choi to order the PSS to step down in the interim.

“If they are not ready to do so, it can be grounds for their own impeachment by the National Assembly,” he added.

Choi, who is finance minister, stepped in to lead the country after lawmakers voted to impeach Yun’s first successor, Prime Minister Han Deok-soo.

The political impasse also reflects the polarization in South Korean politics between those who support Yoon, and those who oppose his decision to impose martial law. And the differences don’t necessarily end there.

Doe-yeon Kim, an associate senior fellow at the Center for a New American Security, says the majority of South Koreans agree that Yun’s Dec. 3 declaration of martial law was wrong and that he needs to be held accountable. Accountability looks like this.

“The actors involved do not agree on processes, procedures and their legal basis, which is adding to the current political uncertainty,” she explains.

The uncertainty is also fueling tensions that surfaced Friday inside and outside Yun’s presidential residence, where his supporters have been camped out for days, leading to heated speeches and even That there were clashes with the police.

SOC Professor Mason said law enforcement could return with more agents and use force but that would be “extremely dangerous”.

The PSS is also heavily armed, so the arresting officers will be keen to avoid any tension.

“What happens if the police seek the arrest of PSS officials with additional warrants, [the PSS] Violate those warrants too and then brandish your guns?” asks Mr Lee.

Police have now said they are investigating the PSS director and his deputy for obstruction – so more charges and arrest warrants could be forthcoming.

The result of Yoon’s martial law order is also a challenge for the Corruption Investigation Office (CIO) investigating him.

It has been operating for only four years. It was formed in response to public anger over former President Park Geun-hye, who was impeached, removed from office, and later jailed over a corruption scandal.

While South Korean presidents have been jailed before, Yoon is the first to face arrest before resigning.

Investigators have until Jan. 6 to arrest Yoon before the current warrant expires.

They may try to recapture Yoon later in the week, although if the crowd of supporters grows, the weekend could be a big challenge. They can also apply for a new warrant and try to re-arrest him.

Given how far South Korea has now slipped into uncharted territory, uncertainty is likely to continue.

Additional reporting by Eve Koh