South Korean court releases President Yoon Suk Yeol

South Korean court releases President Yoon Suk Yeol

Seoul, South Korea – President Yoon Suk Yeol addressed by lawmakers disimpeached and charged with declaring martial law last December, was released from custody on Friday.

Background to the arrest

Yoon has been in custody since his arrest in January on charges of inciting an insurrection - one of the few charges against which the president has no immunity. On Friday, the Seoul Central District Court lifted the arrest warrant against him, allowing him to be released, according to a court ruling reviewed by CNN.

Court decision

In its ruling, the court noted that the crime of sedition does not fall within the investigative jurisdiction of the Senior Officials' Corruption Investigation Office (CIO), the agency that requested the arrest warrant against Yoon. The court also questioned whether the insurrection charge was filed in time before the defendant's term of imprisonment expired. Therefore, the arrest warrant was revoked in order to “ensure procedural clarity and eliminate doubts about the legality of the investigation,” the court said.

Consequences of the decision

The court noted that unresolved “legal controversies” during the criminal trial “could serve as grounds for annulment in a higher court and may even form the basis for a retrial, even if a significant amount of time has already passed.” Now the verdict will be sent to the detention center, which has said it will release Yoon by the end of Friday after receiving the documents.

Reactions to the verdict

Yoon's lawyers praised the ruling, saying in a statement that the court "clarified the definition by explaining what laws and principles are." Their decision shows that “the rule of law is alive in this country.”

Political uncertainty in South Korea

The ruling adds to the uncertainty surrounding Yoon's various legal battles and the country's political future. The South Korean government has been in crisis for months, while parliament has also voted to impeach the prime minister and the previous sitting president.

Impeachment proceedings and outlook

The criminal charges against Yoon are related to his impeachment proceedings. The country's highest court, the Constitutional Court, will decide in the coming weeks whether to uphold Yoon's impeachment or reinstate him to office.

With Friday's ruling, Yoon can now await the impeachment decision from home instead of remaining in custody. His impending release will undoubtedly disappoint the country's opposition, while it will be celebrated by supporters who have regularly gathered outside his detention center since January.

Voices from politics

Kwon Young-se, leader of Yoon's ruling People Power Party, welcomed the court's decision on Friday, calling it "an important moment to confirm that the rule of law and justice of the Republic of Korea are alive." He also expressed the hope that the Constitutional Court “will make a fair and just decision, based solely on constitutional values, during the impeachment process.”