In a surprising turn of events, a South Korean court approved the release of arrested President Yoon Suk-yeol on Friday. This decision opens the possibility for Yoon to be tried without being detained as he faces impeachment proceedings.
The Seoul Central District Court accepted Yoon’s request to cancel his arrest, which was filed by his legal team earlier this month. Unless the prosecution appeals the decision, Yoon will be released. However, if an appeal is filed, his release will be suspended until a further ruling is made.
The court stated that canceling the arrest would ensure procedural clarity and help dispel doubts about the investigation process. It emphasized that proceeding with the trial amid unresolved controversies could lead to complications in higher courts or even result in a retrial.
Yoon’s legal team argued that he was indicted under detention after his arrest warrant had expired, while the prosecution claimed that the indictment was legitimate. The court noted that Yoon was prosecuted after his arrest period had expired, stating that the arrest period should be calculated based on actual time rather than just the date.
President Yoon was apprehended at the presidential residence on January 15 and was indicted on January 26 as a suspected ringleader of insurrection, making him the country’s first sitting president to be arrested and prosecuted. Prosecutors filed the charges at 6:52 p.m. on January 26, but the court pointed out that his arrest period had expired at 9:07 a.m. that same day.
The court also ruled that the Corruption Investigation Office for High-ranking Officials (CIO) has no authority to investigate insurrection cases and criticized the division of the arrest period between the CIO and the prosecution without legal basis.
Back in December, Yoon declared emergency martial law on the night of December 3, but the National Assembly, led by the opposition, revoked it just hours later. A motion to impeach Yoon was passed on December 14, and since then, the constitutional court has held multiple hearings on his impeachment. A final verdict is widely expected to be delivered next week.
