What is Next for Yoon Suk-yeol After 48 Hours of Detention?

South Korean President Yoon Suk-yul was arrested on Wednesday morning, January 15th, according to the South Korean High-Ranking Officials Crime Investigation Bureau (Public Investigation Bureau). Yoon Suk-yul’s interrogation period by the Public Investigation Bureau is set at 48 hours, after which a decision must be made on whether to release him or further apply for his detention.

Media predictions suggest that the investigation by the Public Investigation Bureau will mainly focus on issues related to Yoon Suk-yul’s declaration of martial law, potentially involving unconstitutional and illegal actions, as well as unauthorized mobilization of police and military forces in an attempt to obstruct the parliamentary vote on lifting martial law and to arrest key political figures from both ruling and opposition parties.

Prior to his arrest, Yoon Suk-yul made a statement indicating that, in order to prevent bloodshed, he decided to appear before the Public Investigation Bureau for questioning.

At the moment of his arrest at 10:33, Yoon Suk-yul also released a pre-recorded video through the presidential office. In the video, he stated that he only complied with this illegal and invalid procedure to prevent bloodshed, not acknowledging its legitimacy.

Yoon Suk-yul emphasized that his arrest indicates a complete collapse of the rule of law in South Korea. This marks the sixth time Yoon Suk-yul has addressed the nation since declaring martial law.

It is expected that after the conclusion of the investigation, Yoon Suk-yul will be held in custody at a detention center in Seoul.

Although Yoon Suk-yul is the first sitting president of South Korea to be arrested, many prominent political and economic figures in South Korea, including former President Park Geun-hye and Samsung Electronics Chairman Lee Jae-yong, have been detained at the Seoul detention center.

In the coming days, Yoon Suk-yul may face the following situations.

The Public Investigation Bureau stated that Deputy Director Lee Jae-sung started questioning Yoon Suk-yul in the monitoring and recording interrogation room from 11:00 am local time. To avoid any dispute over testimonies, the entire questioning process may be recorded on video.

According to Yonhap News Agency, Yoon Suk-yul has three defense lawyers present. Given Yoon Suk-yul’s assertion that the Public Investigation Bureau lacks the authority to investigate cases of insurrection, he is likely to invoke his right to remain silent.

The Public Investigation Bureau, established in 2021 as an independent body, is responsible for investigating high-ranking officials, including the president and their family members, but does not have the power to prosecute the president, necessitating the transfer of cases to the prosecution for further action.

Located in Gwacheon City adjacent to the capital Seoul, the headquarters of the Public Investigation Bureau is a 10-minute drive from the presidential office by police car.

Reportedly, the interrogation room includes a designated rest area with a sofa for Yoon Suk-yul to rest. This suggests that he may undergo prolonged questioning.

The Public Investigation Bureau has 48 hours to question Yoon Suk-yul, and upon the expiration of the 48-hour detention period, they may choose to release him or apply for a detention order from the court.

Following the interrogation, Yoon Suk-yul will be held at the Seoul detention center. However, Yonhap News Agency notes that if the questioning extends past 48 hours, Yoon Suk-yul may not be transferred to the Seoul detention center within that time frame.

Despite its name, the Seoul detention center is actually located 22 kilometers south of Seoul in the city of Uiwang, Gyeonggi Province. The facility’s history dates back to the establishment of the Keijo Prison during the Japanese colonial period.

Based on his status and precedent involving other political and economic figures in South Korea, Yoon Suk-yul, if housed at the Seoul detention center, may be assigned to a single-occupancy cell larger than the standard 6.56 square meters, with better conditions.

Upon arrival at the detention center, Yoon Suk-yul will undergo identity verification, a brief health check, and begin his life as an inmate, with a fixed schedule starting at 6:30 in the morning and lights out at 9:00 at night.

When asked if the detention center plans to hold Yoon Suk-yul, an official declined to comment.

From the moment of Yoon Suk-yul’s arrest, the authorities have up to 20 days to press charges against him. They have 48 hours to apply for a formal detention order from the court, with the court considering the likelihood of Yoon Suk-yul attempting to tamper with evidence or coordinate with witnesses.

During this period, the Public Investigation Bureau, composed of prosecutors, aims to handle the interrogation. Bureau Director Oh Dong-wook previously served as a judge at the Seoul High Court, Constitutional Court, Ulsan District Court, and Suwon District Court Nam Branch.

However, two out of the four investigation departments currently lack staff, with only nine prosecutors and Deputy Director Oh Dong-wook handling Yoon Suk-yul’s case, raising doubts about the bureau’s capacity to successfully prosecute Yoon Suk-yul.