Yoon could become the first sitting Korean president to face arrest

South Korean prosecutors investigating an alleged illegal martial law declaration have requested an arrest warrant for former Defense Minister Kim Yong-hyun on charges of participating in significant duties related to rebellion, abuse of authority, and disruption of right exercise. The warrant reportedly accuses Kim of conspiring with President Yoon Suk Yeol to incite a revolt aimed at undermining constitutional order. Under South Korean law, rebellion charges are classified into leadership, active participation in key roles, and minor involvement. Prosecutors allege that Kim played a pivotal "second-in-command" role in the martial law declaration and implementation process, effectively labeling President Yoon as the rebellion's ringleader.

While sitting presidents are generally protected by immunity, exceptions exist for charges of treason or rebellion. In particular, being the leader of a rebellion is classified as a serious crime punishable only by death, life imprisonment, or incarceration, making arrest and detention inevitable. Accordingly, prosecutors, the Corruption Investigation Office for High-ranking Officials (CIO), and police are reportedly weighing measures to secure the president's custody. The CIO has already imposed a travel ban on Yoon, and a police official noted, "If the conditions are met, even a sitting president can be subject to emergency arrest."

Amid jurisdictional disputes among agencies, the CIO has independently sought an arrest warrant for Kim, creating procedural confusion. Nonetheless, the investigation into rebellion allegations targeting President Yoon is expected to accelerate. On Tuesday, the National Assembly passed a bill establishing a permanent special prosecutor’s office dedicated to rebellion cases. A regular special prosecutor bill is also scheduled for a vote on Thursday, which will broaden the scope and duration of the inquiry. If a special prosecutor's office is launched, the focus of the investigation will be shifted to the office. Regardless of which agency leads, it remains intact that President Yoon will likely face arrest and detention.

The prospect of a sitting president being banned from travel, arrested, or detained is unprecedented in South Korea. No previous president has faced such measures during their term, creating significant uncertainties about what might happen if the arrest does occur. Legal experts are divided on whether a detained president would be deemed “unable to perform their duties” as stipulated under the Constitution, which could trigger a power transfer to an acting president. Some argue that normal governance would be impossible under detention, while others contend that "in-prison decision-making" remains feasible.

The turmoil that our nation is faced with can be directly attributed to President Yoon. Calls for his resignation have intensified, with debate now centering on the timing and method—whether through impeachment or voluntary resignation. Observers warn that Yoon may go down in history as the first sitting South Korean president to be arrested and detained while in office.