Why is it so hard to arrest an impeached president?

There were more than 100 police officers and they were armed with a warrant – but the South Korean authorities failed to arrest suspended President Yoon Suk Yeol after a six-hour blockade outside his home.

That’s why the confrontation with Yoon’s security team lasted when they formed a human wall and used vehicles to block the way of the arrest team, according to local media.

It’s been an unprecedented month for South Korean politics – Yoon’s shocking but short-lived martial law order was followed by an impeachment vote against him. 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 base of support – 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 – impeached by parliament and suspended from office, awaiting the decision of the constitutional court that can remove him from office.

So why is it proving 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 those men played a key role in blocking the arrest on Friday.

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

Since Yoon has been suspended, the PSS must take directions from acting president Choi Sang-mok. “Either they were not ordered by acting President Choi to resign, or they refused his orders to do so,” says Assoc Prof Richey.

Some experts believe that security officials show “unconditional loyalty” to Yoon, rather than the office itself. They point to the fact that PSS chief Park Jong-joon was appointed to the job by Yoon last September.

“It could be the case that Yoon seeded the organization with hard-line loyalists in preparation for precisely this eventuality,” says American lawyer and Korea expert Christopher Jumin Lee.

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

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, this may be grounds for his own impeachment by the National Assembly,” he added.

Choi, who is the finance minister, had stepped in to lead the country after lawmakers voted to impeach Yoon’s first successor, Prime Minister Han Duck-soo.

This political impasse 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. And the differences don’t necessarily end there.

Most South Koreans agree that Yoon’s Dec. 3 declaration of martial law was wrong and that he should be held accountable, says Duyeon Kim, a senior fellow at the Center for a New American Security — but not they may disagree on what responsibility looks like.

“The actors involved do not agree on the process, the procedure and its legal basis, which adds to the current political uncertainty,” he explains.

This uncertainty also creates tense clashes like the one that unfolded on Friday in and outside Yoon’s presidential residence, where his supporters have been camped for days, leading to heated discussions and even clashes with the police.

Law enforcement could return with more agents and use force, but that would be “highly dangerous,” said Prof. Mason Assoc.

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

“What happens if the police show up with additional warrants calling for the arrest of PSS personnel, (the PSS) also defy those warrants and then brandish their guns?” Mr. Lee asks.

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

The fallout from Yoon’s martial law order is also a challenge for the Corruption Investigation Bureau (CIO) that is investigating him.

It only operated for four years. It was created in response to public anger over former President Park Geun-hye who was impeached, removed from office and then imprisoned for a corruption scandal.

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

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

They may try to arrest Yoon again over the weekend, although the weekend could be a bigger challenge if the crowd of supporters grows. They can also request a new warrant and try to arrest you again.

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

Additional reporting by Ewe Koh