Graphic showing the status of former President Yoon Suk Yeol’s criminal trials. Graphic by Asia Today and translated by UPI
Jan. 16 (Asia Today) — A South Korean court sentenced former President Yoon Suk Yeol to five years in prison Friday after finding him guilty of charges including obstructing the execution of an arrest warrant, in the first ruling among eight criminal cases he faces.
Seoul Central District Court Criminal Division 35, presided over by Judge Baek Dae-hyun, handed down the first-instance sentence at a hearing that began at 2 p.m., according to the court.
In its ruling, the court said a declaration of martial law infringes on citizens’ fundamental rights and should be used only in exceptional circumstances. The court said Yoon violated the Constitution by notifying only selected State Council members tied to the Dec. 3 martial law declaration, infringing on the deliberation rights of members who were not informed.
The court said Yoon, as president, had a duty to uphold the Constitution and legal order but disregarded procedures meant to prevent presidential autocracy. It also said he obstructed the lawful execution of warrants, effectively turning the Presidential Security Service into a private army for his personal safety and private interests.
The court called the obstruction a serious crime that undermines lawful public authority and the national legal order, saying a severe punishment was needed to restore the rule of law.
Yoon was indicted and detained last January on allegations he mobilized Presidential Security Service personnel to block execution of an arrest warrant issued by the Corruption Investigation Office for High-ranking Officials. He also faces allegations tied to convening only some cabinet members when declaring martial law.
The court also addressed whether investigators could probe a sitting president. It said the Criminal Procedure Act’s provision on presidential immunity from criminal prosecution, except for insurrection or treason, does not restrict investigations. The court said the Corruption Investigation Office for High-ranking Officials could investigate Yoon, who was president at the time, for abuse of authority and obstruction of rights.
The court further ruled the execution of the arrest warrant by the Anti-Corruption and Civil Rights Commission was lawful, saying the arrest of a president under investigation as an alleged leader of an insurrection could proceed even without the consent of the head of the Presidential Security Service, despite the residence being a site requiring military secrecy.
Yoon’s defense team said it would appeal, arguing the verdict should be reviewed and warning that, if the ruling’s logic stands, future presidents could be unable to make decisions during crises.
The sentencing was broadcast live after the court approved broadcasters’ requests for live coverage. It was the third time a former president’s trial has been aired live, following the cases of former Presidents Park Geun-hye and Lee Myung-bak.
— Reported by Asia Today; translated by UPI
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