The Corruption Investigation Office for High-Ranking Officials (CIO) filed an arrest warrant for President Yoon Suk-yeol on March 17 (KST).

This unprecedented move comes 45 days after the declaration of the "December 3 Martial Law" and two days after President Yoon's arrest, marking the first time in South Korea's constitutional history that an arrest warrant has been filed against a sitting president.

The CIO announced at 5:40 PM that it had requested the warrant from the Seoul Western District Court, citing charges of leading an insurrection and abuse of authority.

A CIO official explained, “The arrest warrant is based on the severity of the alleged crimes and the risk of recidivism.” The CIO emphasized that the warrant was thoroughly prepared, incorporating materials provided by the National Police Agency and the prosecution. The submitted documents span more than 150 pages.

President Yoon is accused of conspiring with former Defense Minister Kim Yong-hyun (already indicted and detained) to declare unconstitutional and illegal martial law on December 3. The charges allege that he initiated a rebellion with the intention of undermining the constitutional order.

The accusations include unlawfully declaring martial law without any signs of war, armed conflict, or comparable national emergencies. He also allegedly issued an illegal martial law decree that suspended political activities in the National Assembly, deployed military and police forces to blockade the National Assembly, and obstructed its efforts to repeal martial law.

Additional charges include attempts to arrest and detain key figures such as National Assembly Speaker Woo Won-shik, Democratic Party leader Lee Jae-myung, former People Power Party leader Han Dong-hoon, and officials of the National Election Commission, even though the legal grounds for their arrests were lacking.

The Seoul Western District Court, which received the warrant request, is expected to schedule a pre-trial detention hearing. The hearing, likely to occur on March 18, will evaluate the validity of the charges and the risks of flight or evidence destruction before deciding on the warrant.

The CIO has faced challenges in securing testimony from President Yoon. Despite his initial arrest and a 10-hour interrogation on March 15, the president reportedly refused to answer questions or sign statements.

However, the CIO cites the testimonies of key military and police leaders involved in the martial law, who are currently detained and have reportedly confirmed that their actions were directed by President Yoon. The agency argues that the evidence against him is substantial.

Furthermore, the CIO is highlighting President Yoon's refusal to cooperate with the investigation, including rejecting additional interrogation requests, as grounds for potential evidence tampering if released.

In his defense, President Yoon contends that the declaration of martial law was a lawful exercise of presidential authority and should not be subject to judicial review. His legal team is also expected to argue that the CIO lacks the jurisdiction to request the warrant and that there is no risk of flight or evidence destruction.

Yoon's lawyers have previously raised concerns about the jurisdiction of the Seoul Western District Court, as the warrant request was based on the location of his residence.

It remains unclear whether President Yoon will attend the warrant review hearing. His lawyer, Yoon Gap-geun, previously stated that while they oppose the CIO's investigation, they would participate in court proceedings. However, concerns over jurisdiction and security may lead Yoon to forgo the hearing.

If President Yoon opts out of the hearing, the court may proceed with a written review or conduct the hearing with only the prosecutors and defense attorneys present.

The CIO had summoned President Yoon three times for questioning as a suspect, but after his repeated refusals to comply, the Seoul Western District Court issued an arrest warrant.

Following two failed attempts to execute the warrant, the CIO apprehended President Yoon at 10:33 AM on March 15 at the presidential residence in Hannam-dong, Seoul.

During the ensuing interrogation, President Yoon reportedly stated, “Martial law is a constitutional authority of the president. The determination of its necessity is a presidential judgment, not one for judges or prosecutors.”

The president has since rejected further interrogation requests, maintaining that his arrest was unlawful, but a court denied his petition to review the legality of the arrest.