A South Korean court on Friday, overturned the arrest warrant issued against impeached President Yoon Suk-yeol, potentially paving the way for his release from detention.
Yoon had been held since mid-January following his controversial imposition of martial law, a move that sparked insurrection charges against him.
The Seoul Central District Court granted Yoon’s request to cancel the arrest warrant, ruling that the indictment was filed beyond the legal detention period.
“It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired,” the court stated in its ruling.
“To ensure procedural clarity and eliminate any doubts regarding the legality of the investigative process, it would be appropriate to issue a decision to cancel the detention,” the court added.
Yoon’s legal team and presidential office welcomed the court’s decision, insisting the charges were politically motivated.
“The court’s decision to cancel the arrest showed this country’s rule of law is still alive,” Yoon’s lawyers said in a statement.
Despite the ruling, Yoon’s release is not immediate, as his legal team explained.
“Even if the court decides to cancel the detention, the defendant is not immediately released,” said his lawyer, Seok Dong-hyeon. “The defendant will be released only if the prosecutor waives the right to appeal, or does not file an appeal within the prescribed period.”
The opposition Democratic Party strongly criticized the court’s verdict, urging prosecutors to challenge the ruling.
“The prosecution must immediately appeal, to ensure a ruling that aligns with the public’s sense of justice,” said opposition floor leader Park Chan-dae.
Yoon, 64, was impeached weeks after his brief declaration of martial law on December 3, a move he defended as necessary to counter “antistate” forces. Parliament, however, swiftly rejected the decree within six hours, leading to his impeachment on allegations of violating constitutional duties.
Investigators accused Yoon of attempting to stage a rebellion, an offense that carries the possibility of life imprisonment or even the death penalty.
His lawyers argued that his arrest on January 19 was unlawful due to procedural irregularities in the prosecution’s request.
With the impeachment now in the hands of the Constitutional Court, the fate of Yoon’s presidency remains uncertain. If the court upholds the impeachment, he will be officially removed from office, triggering a national election within two months to determine his successor.
Meanwhile, Yoon also faces a separate criminal trial, marking the first time in South Korean history that a sitting president has been arrested on criminal charges.
