Why is it so difficult to arrest the impeached President of South Korea?

There were more than 100 police officers there and they were armed with warrants, but the South Korean authorities Failed to arrest suspended President Yoon Suk Yeol After a six-hour standoff outside his home.

According to local media, the confrontation with Yoon’s security team lasted so long because they formed a human wall and used vehicles to block the way for the arrest team.

It has been an unprecedented month for South Korean politics. The impeachment vote against Yoon came after his shocking but short-lived martial law order. Then came the criminal investigation, his refusal to appear for questioning and, earlier this week, a warrant for his arrest.

The right-wing leader still has a strong support base. Thousands of people gathered outside his house on Friday morning to protest against his arrest.

But, according to multiple accounts, Yun is now a disgraced leader who has been impeached by parliament and suspended from office, awaiting a constitutional court decision that could remove him from office.

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

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

And they played an important role in preventing the arrest on Friday.

Mason Ritchie, an associate professor at Seoul’s Hankuk University of Foreign Studies, says the Presidential Security Service (PSS) may have acted out of loyalty to Yoon or “a misunderstanding of its legal and constitutional role”.

Given that Yoon has been suspended, the PSS should take instructions from Acting President Choi Sang-mok. “Either they have not been instructed by Acting President Choi to stand down, or they are refusing his orders to do so,” says Associate Professor Ritchie.

Some experts believe that security officials were showing “unconditional loyalty” to Yun rather than to the office. They point to the fact that PSS chief Park Jong-joon was appointed to the post by Yoon last September.

Christopher Jumin Lee, a US-based lawyer and Korea expert, says, “It is possible that Yoon included radical loyalists in the organization to prepare for this possible situation.”

And that Park’s predecessor was former defense minister Kim Yong-hyun, who is accused of advising Yoon to impose martial law. He is currently detained for questioning as part of Yoon’s criminal investigation.

The “simplest” solution, Mr Lee says, is for Acting President Choi to order the PSS to step down in the interim.

“If he is not willing to do so, it could be grounds for impeachment against him by the National Assembly,” he said.

Choi, who is finance minister, stepped down to lead the country after lawmakers voted to impeach Yun’s first successor, Prime Minister Han Duk-soo.

The political standoff also reflects the polarization in South Korean politics between those who support Yun and his decision to impose martial law and those who oppose it. And it is not necessary that the differences end here.

The vast majority of South Koreans agree that Yoon’s declaration of martial law on Dec. 3 was wrong and that he should be held accountable, but they do not agree with this, says Duyeon Kim, an adjunct senior fellow at the Center for a New American Security. But cannot agree on what constitutes accountability.

She explains, “The actors involved disagree on the process, procedures and their legal basis, which is exacerbating the existing political uncertainty.”

The uncertainty is also causing tense standoffs, as happened Friday inside and outside Yoon’s presidential residence, where his supporters have been camping for days, leading to heated speeches and even police attacks. Clashes are also taking place.

Law enforcement could return with more agents and use force but this would be “highly dangerous”, Associate Professor Mason said.

The PSS are also heavily armed, so arresting officers will try to avoid any tension.

“What if the police come with additional warrants for the arrest of PSS personnel, (the PSS) disregard those warrants too and then wave their guns?” Mr. Lee asks.

Police have now said they are investigating the PSS director and his deputy for obstruction of justice – so more charges and arrest warrants could be coming.

The fallout from Yun’s martial law order also poses a challenge for the Corruption Investigation Office (CIO) which is investigating him.

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

While South Korean presidents have been jailed before, Yoon is the first to face arrest before leaving office.

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

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

Given how far South Korea has now slipped into uncharted territory, uncertainty is likely to continue.

Additional reporting by Ewe Koh