A South Korean court on Friday ordered the release from jail of Yoon Suk Yeol, the country’s impeached president, who is standing trial on insurrection charges related to his decision to impose martial law in December.
The Seoul Central District Court ruled that prosecutors had violated procedural rules by detaining Mr. Yoon longer than legally allowed before indicting him last month.
Despite the ruling, Mr. Yoon was not immediately released from the detention center south of Seoul, according to his lawyer, Seok Dong-hyun. Prosecutors have one week to appeal the ruling, during which Mr. Yoon will remain in custody.
Mr. Yoon was detained on January 15 and formally indicted 11 days later on insurrection charges stemming from his brief imposition of martial law in December. His legal team argued successfully that the detention exceeded the legal time limit.
The court's ruling focused solely on procedural issues regarding Mr. Yoon's arrest and indictment and did not address the substantive charges he faces in his criminal trial.
Mr. Yoon declared martial law on December 3, alleging that the opposition-controlled National Assembly was “paralyzing” his government. The Assembly voted against his martial law decree, which led to its rescindment after about six hours, igniting South Korea’s most significant political crisis in decades.
As protests demanding Mr. Yoon’s ouster intensified, the Assembly impeached him on December 14, suspending him from office. The Constitutional Court is currently deliberating the legitimacy of the impeachment and whether he should be formally removed from office. Concurrently, criminal investigators have detained Mr. Yoon on the insurrection charges.
He is the first president in South Korean history to face criminal charges while still in office, leading to numerous legal disputes between his defense team and prosecutors, including the validity period of the warrant used for his detention.
The court determined that the warrant had expired hours before Mr. Yoon's indictment on January 26. According to the law, failure to indict a suspect before the warrant expires necessitates their release from custody.
The court emphasized that unresolved procedural disputes could undermine the legitimacy of future rulings regarding Mr. Yoon's insurrection charges.
Political analysts noted that while the ruling may seem confusing, it fundamentally allows Mr. Yoon to face trial as a free man. His legal team and the ruling People Power Party welcomed the decision, arguing that Mr. Yoon should be able to defend himself freely. In contrast, the main opposition Democratic Party, which led the impeachment efforts, criticized the ruling and called for an appeal.
If Mr. Yoon is released, it may energize his supporters, who have recently held rallies in downtown Seoul, labeling his impeachment and arrest as a politically motivated “fraud.”
Earlier on Friday, an elderly man was hospitalized after setting himself on fire in downtown Seoul. Police reported finding leaflets supporting Mr. Yoon near the scene, although they did not disclose further details regarding his condition or motives.