Investigators attempted to arrest impeached President Yoon Suk-yeol at his residence over a failed martial law bid but were blocked by his security forces.
They stood down just days before the arrest warrant expires on Monday.
Here’s what could happen next:
Another arrest
The Corruption Investigation Office (CIO) may attempt to execute the arrest warrant for Yoon again before the Jan 6 deadline.
“Future actions will be decided after further review,” it said after halting its initial attempt.
If Yoon is arrested before that date, the CIO will have 48 hours to either request a new warrant for his formal arrest or release him.
Yoon’s lawyers have repeatedly said that the warrant issued by the court is “unlawful” and “illegal”, pledging to take further legal action against it.
The Presidential Security Service has also asserted that the CIO “unlawfully intruded” into the presidential residence..
Two top officials from Yoon’s presidential security service also refused a police request to appear for questioning yesterday, citing the “serious nature” of protecting him, the service said in a statement.
Stronger warrant
If they fail to detain Yoon before the deadline, investigators could seek a new, stronger arrest warrant that would allow them to detain him longer than the 48 hours allowed under the current court order.
Experts say it’s likely a court would approve a stronger warrant, given that Yoon has already refused to appear for questioning three times and has not complied with the existing warrant.
A stronger warrant is typically issued when “a suspect refuses to cooperate with the investigation”, political commentator Park Sang-byung said.
Yoon has also “incited and encouraged extreme (right-wing) supporters, which could be seen as effectively admitting to the criminal charges in the eyes of the court”, he added.
Acting president acts
The prolonged standoff within the presidential residence compound on Friday led the CIO and opposition Democratic Party to urge acting President Choi Sang-mok to order the presidential security service to cooperate.
“It is practically impossible to execute the arrest warrant as long as the security officials from the Presidential Security Service continue their protection,” the CIO said in a statement.
Experts suggest that if Choi orders the security service to cooperate, the chances of Yoon being arrested before the Jan 6 deadline will increase.
But the acting president has already faced severe backlash from his party for appointing two new justices to fill three vacancies on the Constitutional Court.
That decision has increased the likelihood of the court upholding Yoon’s impeachment – with at least six out of eight justices needed to back the decision.
Wait for court
South Korea’s Constitutional Court has up to 180 days to determine whether to dismiss Yoon as president or restore his powers.
Until then, while suspended, Yoon holds the title of president.
Experts suggest the process for investigators to prosecute or formally arrest Yoon would be much easier were he to be stripped of the presidential title.
But the 180-day timeframe is considerable and could potentially delay proceedings significantly.
The Constitutional Court has said it will expedite the impeachment trial due to the seriousness of the case. — AFP
