South Korea’s Ex-Defense Chief Formally Arrested Over Martial Law Episode

South Korea’s former defense minister was formally arrested this week following the recent episode of martial law in the country.

The Arrest

The Seoul Central District Court approved an arrest warrant for former Defense Minister Kim Yong-hyun, citing charges of rebellion and abuse of power.

Kim has been in custody since Sunday, and prosecutors had up to 20 days to decide whether to file formal charges. If convicted of rebellion, he could face a maximum sentence of death.

Kim is the first person to be arrested in connection with the case. He is accused of advising South Korean President President Yoon Suk Yeol to impose martial law and deploying troops to the National Assembly to prevent lawmakers from voting on the measure. Despite the intervention, enough legislators gained access to the chamber and unanimously rejected Yoon’s decree, prompting the Cabinet to lift it before dawn on December 4.

In a statement on Tuesday, Kim offered a public apology, saying he “deeply apologizes for causing significant anxiety and inconvenience.” He took full responsibility for the imposition of martial law and urged leniency for the soldiers involved, emphasizing they were simply following his orders.

Prosecutors reportedly allege that Kim played a central role in a rebellion, abusing his power by orchestrating a riot to undermine the constitution in coordination with Yoon and other military and police officials. Prosecutors’ offices in Seoul did not immediately confirm the reports.

South Korea Martial Law

Late week, President Yoon imposed martial law in a struggle against the opposition parties who control parliament. He accused his opponents of sympathizing with communist North Korea and he vowed to eliminate “anti-state” forces.

The imposition of martial law—the first in more than 40 years—lasted just six hours but sparked a domestic firestorm and widespread street protests. Yoon and his associates are now facing criminal investigations and impeachment efforts. The Justice Ministry has barred Yoon and eight others from leaving the country, identifying them as key suspects in the case. It marks the first time a sitting South Korean president has been subjected to a travel ban.

On Tuesday, the opposition-controlled parliament approved a bill to appoint an independent special counsel to investigate Yoon and senior military officials over the imposition of martial law. The main opposition Democratic Party pushed for the special counsel, arguing that public prosecutors—given Yoon’s background as a former prosecutor-general—cannot be trusted to carry out an impartial investigation.

At a parliamentary hearing on Tuesday, Kwak Jong-keun, commander of the Army Special Warfare Command, testified that he received direct orders from Kim Yong-hyun to block lawmakers from entering the National Assembly’s main chamber. According to Kwak, the goal of Kim’s directive was to stop the 300-member parliament from reaching the 150 votes needed to overturn Yoon’s martial law order.

Opposition parties and several experts argue that the martial law decree was unconstitutional, asserting that South Korean law permits a president to declare martial law only in “wartime, war-like situations, or other comparable national emergencies.” They contend that no such conditions existed. Furthermore, they claim that deploying troops to block the National Assembly and disrupt its activities amounts to rebellion, as the South Korean Constitution explicitly prohibits a president from using the military to suspend parliamentary operations under any circumstances.

Yoon Impeachment Attempt

Yoon narrowly avoided impeachment on Saturday after most lawmakers from the ruling party boycotted the floor vote in the National Assembly.

The Democratic Party announced plans to prepare for another impeachment vote against Yoon on Saturday. On Tuesday, the party also submitted motions to impeach the police chief and justice minister. Efforts to impeach Kim and the safety minister were dropped after both officials resigned before parliament could take a vote.

If Yoon is impeached, his presidential powers would be suspended until the Constitutional Court determines whether to reinstate him or remove him from office. A ruling for removal would trigger a new presidential election.

This article includes reporting from The Associated Press.