Republic of Korea: When some can't and others won't

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AP

South Korea’s presidential dispute nearly leads to shooting

An unprecedented situation has arisen in the Republic of Korea: two people are serving as president at the same time. The fate of Yoon Suk-yeol, who has been temporarily suspended from his duties, must now be decided by the Constitutional Court — whether to permanently remove him from office by upholding the parliamentary impeachment, or to reinstate him. In the meantime, the National Assembly has appointed Vice Prime Minister Choi Sang-mok as acting head of state.

The standoff came after the Korean parliament impeached Yoon Suk-yeol for the second time last December, accusing him of illegally declaring martial law and attempting a coup. In response, a Joint Investigation Task Force was formed to investigate the circumstances surrounding the declaration of martial law. It included representatives from the Anti-Corruption Investigation Agency for High-ranking Officials, the police and the Ministry of National Defense. After Yoon Suk-yeol refused to appear for questioning three times, a arrest warrant was issued on December 31, charging him with rebellion and abuse of power, crimes not covered by presidential immunity.

On January 3, members of the Joint Investigative Team spent five and a half hours trying to persuade the presidential security to allow them to enter the presidential residence to execute the search warrant. However, the head of Yoon Suk-yeol’s security detail announced that he would not allow a search of the residence because he considered it to be a highly secured facility. In order to avoid an armed confrontation (the presidential guards were armed), the investigators had to retreat. They later accused the security team of obstructing an arrest and interfering with the lawful actions of other security agencies, whose actions had been sanctioned by both the court and the parliament.

The Joint Investigative Team then handed over the arrest warrant for the suspended president to the police. At the same time, the investigators asked the acting president to order the guards protecting Yoon Suk-yeol to allow the police to enter the presidential residence. So far, the acting president seems reluctant to issue such an order, possibly fearing legal repercussions or disobedience from the security personnel, who, judging by appearances (as well as the attitude of certain military figures), are sympathetic to the suspended president.

This dual power situation is further complicated by the ambiguous stance of the People Power Party, to which the suspended president belongs. Although its members have condemned his decision to declare martial law, they are still unwilling to completely abandon their candidate and are playing for time. They realize that this would lead to a presidential election that would likely be won by Lee Jae-myung, the leader of the opposition Democratic Party and Yoon Suk-yeol’s closest opponent, who lost to Yoon by just half a percentage point in the last election.

The arrest warrant issued on December 31 expired on January 6. During this period, large demonstrations took place near the presidential residence, involving both supporters and opponents of Yoon Suk-yeol. However, polls show that about 80% of South Koreans support the president’s resignation — yet Yoon is in no hurry to relinquish power. Understanding that his fate may be grim, he clings to power.

The arrest warrant issued on December 31 expired on January 6. During this period, large demonstrations took place near the presidential residence, involving both supporters and opponents of Yoon Suk-yeol. However, polls show that about 80% of South Koreans support the president’s resignation — yet Yoon is in no hurry to relinquish power. Understanding that his fate may be grim, he clings to power.

It is expected that the Secretary of State’s visit will speed up the resolution of this unprecedented situation in the Republic of Korea. Even in the history of this country, where many presidents have met with unfavorable fates, there has never been a case of an arrest warrant being issued for a president residing in the official residence, even if he is temporarily suspended from office.

The White House is very reluctant to intervene directly in this dispute between rival political forces for the presidency. To do so would seriously undermine the very notion of an American presence on the Korean peninsula. But some means must be found to rein in South Korea’s unbridled democracy. As recent events have shown, the South Korean military is not particularly eager to get involved in high-level politics. And if it does, there is still a 20,000-strong U.S. expeditionary force stationed in the Republic of Korea — armed to the teeth — whose mere presence has a sobering effect on certain politicians.

On January 7, the court extended the arrest warrant for Yoon Suk-yeol. In the coming days, we can expect more attempts to get past the guards at the presidential residence. The arrest of a president would set a historic precedent in the Republic of Korea. But even if the head of state remains free until the Constitutional Court rules, it will hardly improve his dire situation. Yoon Suk-yeol’s political career is over, and whether he is ultimately convicted — like so many other South Korean presidents — depends on his behavior and how the country’s major political forces manage to negotiate.