South Korea's Ex-Defence Minister Kim Yong Hyun Arrested Amid Martial Law Controversy

South Korea's former Defence Minister, Kim Yong Hyun, was arrested for allegedly collaborating with President Yoon Suk Yeol in declaring martial law. This move, the first in over four decades, lasted six hours and sparked widespread protests. Authorities are investigating whether their actions constitute rebellion. The Justice Ministry has prohibited Yoon and eight others from leaving the country, marking the first travel ban on a sitting president in South Korea.

The Seoul Central District Court approved Kim's arrest warrant, citing his significant role in the alleged rebellion and potential evidence tampering. Kim resigned last Thursday and has been detained since Sunday. Prosecutors have 20 days to decide on indicting him. If convicted of rebellion, he could face the death penalty. Kim admitted to recommending martial law to Yoon and deploying troops to block lawmakers from voting on it.

Martial Law Controversy and Political Repercussions

Kim apologised for the anxiety caused by the martial law imposition, taking full responsibility and pleading for leniency for soldiers who followed his orders. The opposition-controlled parliament passed a bill to appoint an independent special counsel to investigate Yoon and other top military officials. The Democratic Party argues that public prosecutors cannot be trusted to investigate Yoon, a former prosecutor-general.

During a parliamentary hearing, Kwak Jong-keun, commander of the Army Special Warfare Command, testified about receiving direct orders from Kim to prevent lawmakers from entering the National Assembly's main chamber. Kwak said Yoon later instructed him to "quickly destroy the door and drag out the lawmakers." However, they decided against using force or cutting off electricity.

Legal and Constitutional Challenges

Senior officer Kim Dae-woo testified that his commander, Yeo In-hyung, asked if an army bunker could detain politicians after martial law was imposed. Yeo is closely associated with Kim Yong Hyun. Hong Jang-won from the spy agency claimed Yoon ordered him to assist in detaining political rivals but ignored the directive. Kwak and Yeo face rebellion charges alongside Yoon and Kim.

Opposition parties argue that the martial law decree was unconstitutional. They assert that martial law can only be declared during wartime or comparable emergencies, which was not the case in South Korea. Deploying troops to suspend parliament's activities is seen as rebellion since the Constitution prohibits using military force against parliament.

Political Tensions and Impeachment Efforts

In his martial law announcement, President Yoon emphasised eliminating "shameless North Korea followers," referring to his liberal rivals controlling parliament. Since assuming office in 2022, Yoon has faced constant friction with the Democratic Party, which has introduced impeachment motions against some of his top officials amid scandals involving him and his wife.

Yoon narrowly avoided impeachment after most governing party lawmakers boycotted a vote in the National Assembly. The Democratic Party plans another impeachment vote on Saturday and submitted motions to impeach Yoon's police chief and justice minister. They attempted to impeach Kim Yong Hyun and the safety minister, but both resigned before a vote occurred.

If impeached, Yoon's presidential powers would be suspended until the Constitutional Court decides on his fate. If removed from office, a new presidential election would be necessary.