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Jurist Former South Korea president rearrested over martial law controversy

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Dadparvar

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Nov 11, 2016
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Former South Korean President Yoon Suk Yeol has been re-arrested 124 days after being released from his first detention. Yoon was initially taken into custody in January over accusations related to martial law and was released after spending 52 days in detention.

On July 6, a special counsel team petitioned the courts for a second arrest warrant, citing a high risk that Yoon could evade capture, destroy evidence, or tamper with witnesses involved in the case. The key charges include falsifying official documents and abuse of power.

Yoon’s legal team argued that the prosecution’s claims were closely tied to the main trial issues and did not justify another arrest. However, following a six-hour court hearing, Nam Sejin, a senior judge at the Seoul Central District Court, approved the arrest warrant on July 10. The judge cited a substantial risk of evidence destruction and concluded that there was reasonable suspicion that Yoon committed the alleged crimes. This decision indicates the court believes the prosecution has provided a sufficient basis for the charges.

Yoon is being prosecuted on multiple charges, including leading an attempted insurrection, abuse of authority, and obstruction of justice. Insurrection is one of the few criminal offenses for which South Korean presidents do not have immunity. Since Yoon is no longer a sitting president, he is also vulnerable to prosecution for other criminal charges, including abuse of power and document falsification.

Yoon unexpectedly declared martial law late at night in December 2024, marking the first such declaration in 50 years. The move was widely condemned as an attempted coup. The Martial Law Command announced six prohibitions, including a total ban on political activities by parties and organizations, full censorship and control over all media and publications, and the authority to arrest, detain, and search individuals without a warrant or time limit for violations.

Just three hours after the announcement, the National Assembly unanimously voted against the declaration and formally requested its immediate withdrawal. Under South Korean law, the president is obligated to cancel martial law once the legislature calls for it. However, Yoon did not respond until 4 a.m. He eventually withdrew the declaration six hours after it was issued. This unprecedented event triggered impeachment proceedings shortly afterward.

The post Former South Korea president rearrested over martial law controversy appeared first on JURIST - News.

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