Why is it difficult to arrest an impeached president?

There were more than 100 police officers and they were armed with a warrant – but the South Korean authorities They failed to arrest the arrested president, Yoon Suk-yeol After a six-hour stop outside his home.

That's how long the standoff with Yoon's security team lasted, as they formed a human wall and used vehicles to block the arrest team's path, according to local media.

It has been an unprecedented month for politics in South Korea — Yoon's shock, but short-lived, martial law order was followed by an impeachment vote. Then came the criminal investigation, his refusal to appear for questioning, and, earlier this week, the issuance of an arrest warrant for him.

The right-wing leader still has a strong support base, and thousands of them turned out outside his home on Friday morning to oppose his arrest.

But by many accounts, Yoon is now a disgraced leader – Parliament has impeached him and suspended him from office, and he is awaiting a Constitutional Court ruling that could remove him from office.

So why did it prove so difficult for the police to arrest him?

Although Yoon was stripped of his presidential powers – after lawmakers voted to impeach him – he is still entitled to a security escort.

These men played a key role in preventing the arrest on Friday.

Mason Ritchie, an associate professor at Hankuk University of Foreign Studies in Seoul, says the presidential security service could have acted out of loyalty to Lyon or under a “misguided understanding of its legal and constitutional role.”

Since Yoon has been suspended, the Preventive Security Service must receive directions from Acting President Choi Sang-mok. “Either they have not received instructions from Acting President Choi to step down, or they are rejecting his orders to do so,” says Associate Professor Ritchie.

Some experts believe the security officers were showing “unconditional loyalty” to Leon, and not to the office itself. They point to the fact that the head of the Preventive Security Service, Park Jong-joon, was appointed to the position by Yoon last September.

“It was likely that Yoon was the one who seeded the organization with hardline loyalists in preparation for precisely this eventuality,” says Christopher Jumin Lee, a US-based lawyer and Korea expert.

Park's predecessor was former Defense Minister Kim Young-hyun, who is accused of advising Leon to impose martial law. He is currently being held for questioning as part of the criminal investigation into Yoon.

Lee says the “simplest” solution is for Acting President Choi to order the Preventive Security Party to resign in the meantime.

He added: “If he is not willing to do so, this may be grounds for his impeachment by the National Assembly.”

Choi, who is Finance Minister, took over the country's leadership after lawmakers voted to remove Yoon's first successor, Prime Minister Han Dak-soo.

This political stalemate also reflects the polarization in South Korean politics – between those who support Yoon and his decision to impose martial law, and those who oppose it. The differences do not necessarily end there.

The vast majority of South Koreans agree that Yoon's Dec. 3 declaration of martial law was wrong and that he should be held accountable, says Doyeon Kim, an adjunct senior fellow at the Center for a New American Security — but they can't agree on what accountability looks like. .

“The actors involved disagree about the process, procedures and legal basis, which adds to the current political uncertainty,” she explains.

This uncertainty is also creating tense confrontations like the one that broke out on Friday inside and outside Yoon's presidential residence, where his supporters have been camped out for days, leading to heated rhetoric and even skirmishes with police.

Associate Professor Mason said law enforcement could return with more agents and use force, but that would be “extremely dangerous”.

The Preventive Security Service is also heavily armed, so arresting officers will try to avoid any escalation.

He wondered, “What would happen if the police showed up with additional arrest warrants calling for the arrest of members of the Preventive Security Service, and they (the Preventive Security Service) also defied those warrants and then brandished their weapons?” Mr. Lee asks.

Police have now said they are investigating the director of the Preventive Security Service and his deputy for obstructing their work, so there may be more charges and arrest warrants to come.

The fallout from Yoon's martial law order also presents a challenge to the Corruption Investigation Bureau (CIO) which is investigating him.

It has only been in operation for four years. It was created in response to public anger over former President Park Geun-hye who was removed from office and later imprisoned over a corruption scandal.

While South Korean presidents have been imprisoned before, Yoon is the first to face arrest before stepping down.

Investigators have until January 6 to arrest Yoon before the current arrest warrant expires.

They may try to arrest Yoon again over the weekend, although the weekend could pose a greater challenge if crowds of supporters grow. They could also apply for a new warrant and try to arrest him again.

Given the extent to which South Korea has now slid into uncharted territory, uncertainty is likely to persist.

Additional reporting by Ewi Koh