His Constitutional Court ordeal over, former President Yoon Suk Yeol's legal struggles now move to the criminal court, where he faces a charge of insurrection related to his Dec. 3 declaration of martial law.
Yoon, who was impeached mainly for power abuses related to his short-lived imposition of martial law, became the first incumbent president in the country's history to be subject to criminal investigation.
The prosecution indicted him on suspicion of leading an insurrection. Other charges were not made in the official indictment on Jan. 26, as Yoon still had presidential immunity.
Article 84 of the Constitution stipulates that a sitting president cannot be charged with a criminal offense, except for insurrection or treason.
Although the criminal trial is being conducted independently of the impeachment trial, the Constitutional Court did acknowledge the unconstitutional nature of the martial law. This could affect Yoon's claim that his imposition of the martial law was not an act of insurrection, but him exercising his presidential rights.
It is possible that the prosecution could now charge him with abuse of power, since he no longer has immunity
Yoon is also under investigation for special obstruction of public duty, for the obstruction of his arrest by the Presidential Security Service under his command in January. The PSS has been refusing the police's attempts at exercising search and seizure warrants, citing national security.
Another legal issue Yoon could face is the accusation that he and his wife Kim Keon Hee were involved in a candidate nomination scandal ahead of the parliamentary election in March of 2022.
Myeong Tae-kyun, a self-proclaimed power broker and pollster, is suspected of being involved in surveys rigged in favor of Yoon heading to the 2022 presidential election.
minsikyoon@heraldcorp.com
