South Korea's prosecutors filed a formal request today to arrest the former defense minister, accused of conspiring with President Yoon Suk-yeol to impose martial law.
The Seoul Central District Court said today it will consider prosecutors' request to issue an arrest warrant for former defense minister Kim Yong-hyun.
Authorities are investigating Kim for sedition after the leader allegedly advised Yoon to impose martial law and send troops to parliament to prevent lawmakers from suspending the measure.
In a statement released through a law firm, Kim offered "deep apologies for causing significant anxiety and inconvenience."
The minister accepted sole responsibility for enforcing martial law and asked for leniency for soldiers assigned to the South Korean National Assembly, saying they were merely following orders.
If the court issues the arrest warrant for Kim, it would be the first linked to martial law.
Prosecutors would have up to 20 days to investigate Kim and determine whether to charge him.
A conviction on the rebellion charge carries the maximum penalty of death.
The Justice Ministry on Monday banned Yoon and eight others from traveling abroad while they are under investigation.
It is the first time a sitting president in South Korea has been given such a travel ban.
In addition to the prosecutor's office, the Corruption Investigation Office for Senior Officials and the police are also investigating the circumstances surrounding the imposition of martial law.
South Korea's main opposition party called Yoon's imposition of martial law "unconstitutional and illegal rebellion or coup."
The Democratic Party (DP) has filed complaints with the police against at least nine people, including Yoon and the former defense minister.
While the president has immunity from prosecution while in office, that does not extend to allegations of rebellion or treason.
The opposition also criticized the ruling People's Party (PPP) for refusing to impeach Yoon.
"No matter how much they try to justify it (...) this is a second act of rebellion and a second coup, illegal and unconstitutional," said Park Chan-dae, the DP's parliamentary leader.
On Saturday, Yoon narrowly escaped a first impeachment motion submitted to parliament. The PPP boycotted and invalidated the vote due to lack of a quorum.
In a statement, the PPP said it had obtained, in exchange for blocking the motion, a promise that Yoon would step down and leave the country's governance to its party and the prime minister.
On Sunday, the DP announced that it would try again to impeach the president on December 14.
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