SEOUL, South Korea – The special prosecution team investigating the December 3, 2024, emergency martial law declaration is escalating its efforts to compel the appearance of former President Yoon Suk-yeol, who remains in custody but has repeatedly refused questioning. Special Prosecutor Cho Eun-suk's team announced a third attempt to forcibly bring Yoon to its interrogation office by 2:00 PM today, emphasizing the urgency as his initial detention period is set to expire on July 19.
The move marks a critical juncture in the high-profile inquiry into the former president's actions surrounding the controversial martial law decree, which shook the nation in late 2024. Sources confirm that the special prosecution dispatched an "appearance writ" to the Seoul Detention Center yesterday, July 15, at approximately 6:00 PM KST, instructing the facility to deliver Yoon to the Seoul High Prosecutors' Office. This follows two prior unsuccessful attempts on July 14 and 15, during which former President Yoon reportedly refused to exit his cell, citing health issues, including diabetes.
Background to the Martial Law Decree
The "12·3 emergency martial law" refers to the highly contentious declaration made by then-President Yoon Suk-yeol on December 3, 2024, at 10:27 PM KST. Citing the need to "eradicate anti-state forces" and address "election fraud allegations," Yoon imposed extraordinary measures that included prohibiting all political activities, such as parliamentary functions, assemblies, and protests. This declaration, unprecedented in 45 years, sparked immediate and widespread outrage across South Korea.
According to reports, the martial law decree aimed to paralyze the National Assembly and establish an emergency legislative body in its stead. Critically, constitutional experts and legal scholars widely deemed the declaration illegal, as it reportedly failed to meet any of the constitutional and martial law act requirements for such an extreme measure, such as an actual state of war, major armed conflict, or national emergency. The events of December 3 drew parallels to the 1980 Gwangju Uprising and the 1979 12·12 military coup, with critics highlighting the striking similarities in the deployment of military forces to subdue civilian and political opposition.
Swift Public and Parliamentary Response
Despite the sudden and dramatic nature of the declaration, the response from South Korean citizens and lawmakers was remarkably swift and decisive. Within approximately two hours of the martial law announcement, over a thousand citizens gathered outside the National Assembly, confronting police and martial law troops. These citizens, alongside determined members of the National Assembly, worked to protect the legislative body and resist the military presence.
Crucially, the National Assembly, circumventing the imposed blockade and military presence, managed to convene and pass a resolution demanding the immediate lifting of the martial law. This resolution was adopted unanimously by 190 attending lawmakers out of 300, a mere 2 hours and 35 minutes after the decree. Faced with overwhelming opposition, President Yoon Suk-yeol rescinded the martial law declaration shortly after 4:00 AM on December 4, 2024, marking its end after just 155 minutes.
Impeachment and Subsequent Legal Battles
The short-lived but highly disruptive martial law declaration ignited a severe political crisis. On December 14, 2024, the National Assembly voted to impeach President Yoon Suk-yeol. The Constitutional Court subsequently upheld his impeachment in April 2025, formally removing him from office.
Following his removal, former President Yoon became the subject of a sweeping investigation by a special prosecutor's team, led by Special Prosecutor Cho Eun-suk, focusing on charges including insurrection, abuse of power, falsification of official documents, and obstructing official duties. There have also been allegations, currently under investigation, of his involvement in inducing foreign aggression by orchestrating drone flights to Pyongyang to justify the martial law imposition – an act that could constitute treason.
Yoon was first arrested in January 2025, becoming the first sitting South Korean president to be taken into custody. This initial arrest followed weeks of resistance, reportedly involving his presidential security detail blocking investigators. Although a district court ordered his release in March 2025 on procedural grounds, allowing him to stand trial without physical detention, the legal challenges continued.
The special prosecutor’s team later sought a new arrest warrant, citing concerns about evidence destruction, particularly after Yoon reportedly refused to comply with multiple summons for questioning. On July 10, 2025, a South Korean court approved a new arrest warrant for former President Yoon Suk-yeol, sending him back to a detention center. This second arrest underscored the judiciary's view on the seriousness of the charges and the perceived risk of evidence tampering.
The Current Standoff and Legal Implications
The ongoing refusal of former President Yoon to appear for questioning, citing health reasons, has prompted a stern response from the special prosecutor's office. Park Ji-young, a special prosecutor on the team, publicly criticized the Seoul Detention Center for its perceived failure to implement the "appearance writ." During a briefing yesterday, Park stated that the investigation team would probe the specific circumstances under which detention center officials failed to carry out their duty, warning of potential accountability for public servants who do not fulfill their legal obligations under the Criminal Procedure Act.
The special prosecutor's office views Yoon's continued refusal as an obstruction of the investigation, which could be detrimental to his defense. With his initial 20-day detention period set to conclude on July 19, the special prosecutor is reportedly considering indicting him without seeking an extension of his custody if he persists in his non-cooperation. This would mean that formal charges would be brought against him, and the trial process would commence without further pre-indictment detention.
The charges against former President Yoon, particularly those related to insurrection and treason, carry severe penalties under South Korean law, potentially leading to life imprisonment or even the death penalty. The current President Lee Jae-myung, who was elected in a snap election in June 2025 following Yoon’s impeachment, has also approved further special investigations into the martial law debacle and other allegations involving Yoon’s administration and his wife.
The coming days are critical as the special prosecutor's team attempts its third forced appearance, determining the immediate trajectory of this historic legal battle and the fate of a former head of state. The nation watches closely as the legal process unfolds, aiming to deliver justice and uphold the rule of law in the aftermath of a profound constitutional crisis.
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