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President Yoon's arrest possible in theory, but many obstacles in the way

The Straits Times

|

December 11, 2024

The idea of a sitting president being arrested, once deemed unthinkable, now looms as a real possibility in South Korea.

President Yoon Suk Yeol, who narrowly avoided impeachment on Dec 7, faces investigations from three of the nation's major investigative agencies amid massive political backlash over his declaration of martial law last week.

On the afternoon of Dec 9, the Ministry of Justice imposed a travel ban on Mr. Yoon, making him the first sitting president in South Korean history to face such a measure.

Is all this pointing to his possible arrest in the near future? How would such an unprecedented scenario unfold, and what would it mean for the future of South Korea's democracy?

Here is a look.

YOON'S ARREST 'LEGALLY' POSSIBLE

South Korea has seen many former presidents arrested, but never a sitting president, as presidents are protected by criminal immunity during their term.

Article 84 of the Constitution states: "The president shall not be charged with a criminal offence during his tenure of office except for insurrection or treason."

The only presidents charged with treason - Mr. Chun Doo-hwan and Mr. Roh Tae-woo, who led a military coup as military generals - were investigated years after they stepped down from the top post.

However, Mr. Yoon is being accused of insurgency while in office.

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