A South Korean court approved a detention order for President Yoon Seok-yoon early Sunday, making him the first sitting president to be detained for investigation in the country's constitutional history and prompting his supporters to storm the courthouse and vandalize him.
The Seoul Western District Court issued an arrest warrant for President Yoon at 2:59 a.m. Sunday on charges of civil unrest and abuse of power, 47 days after Yoon was declared under emergency martial law and four days after Yoon was arrested by the Senior Public Officials Crime Investigation Office.
Judge Cha Eun-kyung, who is presiding over the case, said the main reason for issuing the detention order was the fear that Yoon might "destroy evidence."
In the afternoon of the previous day, Yoon appeared in court for a nearly five-hour review of the necessity of detention by the Seoul Western District Court. Prosecutors charged Yin Xiyue with attempting to disturb constitutional order by declaring an unconstitutional emergency martial law during his term of office, and using martial law troops and police to interfere with the National Assembly's resolution to lift martial law. The prosecutor stressed that the acts violated not only the Constitution but also martial law.
Yin's lawyers argued that declaring martial law was an "act of rule" within the president's power and should not be considered a crime of civil unrest. At the same time, they denied that Yin had given radical instructions to "break down the door even if the gun was fired," saying the allegations lacked solid evidence.
However, prosecutors pointed out that Yin Xiyue replaced her long-standing mobile phone and quit the messaging app Telegram while she was under investigation. This act is considered a possible attempt to destroy evidence or influence relevant witnesses. Although Yin Xiyue's side argued that he could not actually exert influence because of his impeachment suspension, the court ultimately agreed with the prosecution's view that the case was clear and there was a possibility of destroying evidence.
Analysts believe that another reason for the court's decision to issue the detention order may be that the release of Yin Xiyue will affect the court testimony of people at the heart of the martial law incident, such as former Defense Minister Kim Longxian, who has been detained. In addition, Yin Xiyue had repeatedly refused to accept the summons of the public mediation Office and refused to make statements after his arrest, which further prompted the court to conclude that detention was necessary to ensure the smooth conduct of the investigation.
The court's detention decision does not amount to a guilty verdict for Yin Xiyue's alleged civil unrest. The ultimate guilt or innocence must still be proved beyond a reasonable doubt in a criminal trial.
Supporters vandalized court facilities and clashed with police
News of the court's approval of the detention order prompted an outcry from Ms. Yin's supporters. Around 3 a.m. Sunday, crowds of supporters stormed the court building, vandalizing facilities and clashing with police for more than three hours. Police deployed 17 units to quell the unrest, but the court's internal facilities were severely damaged. Police arrested 87 people and the number of arrests is expected to rise.
In the face of strong reactions from supporters, the detained Yin Xiyue sent a "prison letter" calling on them to express their views peacefully. In the letter, he said that he fully understood the grievances and anger of the people, but hoped that supporters would remain calm and not resort to violence.
With the issuance of the detention order, the investigation into Yin Xiyue's suspected civil unrest is expected to accelerate. That night, Yin Xiyue changed into prison clothes and was assigned to a designated detention area after a series of procedures such as identity verification and physical examination. He will face further investigation over the next 20 days. If prosecutors decide to indict, Yin will appear in court as a defendant in early February for a criminal trial.
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