A South Korean court on Friday ordered the release of the impeached President Yoon from jail. This decision could allow Yoon to be tried on rebellion charges without being held in custody.
Yoon was arrested and indicted in January for issuing a martial law decree in December, which triggered political instability. Parliament, controlled by the opposition, also voted to impeach him, leading to his suspension.
The Constitutional Court concluded hearings on his impeachment trial in late February and is expected to soon decide whether to formally remove him from office or reinstate him.
The Seoul Central District Court granted Yoon’s request for release, citing the expiration of the legal period for his formal arrest before his indictment.
The court also mentioned the need to address questions about the legality of the investigations into Yoon. His lawyers have argued that the investigative agency that detained him before his formal arrest lacked the legal authority to investigate rebellion charges.
Investigators claim the martial law decree was an act of rebellion, which carries a potential sentence of death or life imprisonment if convicted.
Yoon’s legal team welcomed the court’s decision and urged prosecutors for his immediate release. The presidential office also expressed approval, hoping for Yoon’s swift return to his duties.
However, South Korean law permits prosecutors to temporarily detain a suspect whose arrest has been suspended by a court while they pursue an appeal.
The main opposition Democratic Party, which initiated Yoon’s impeachment on December 14, urged prosecutors to immediately appeal the court’s ruling.
Yoon’s martial law decree, which involved deploying troops and police to the National Assembly, stirred up painful memories of past military rule for many South Koreans. The decree lasted only six hours because enough lawmakers managed to enter the assembly hall and unanimously voted to overturn it.
Yoon later claimed his decree was intended to inform the public about the dangers posed by the opposition Democratic Party, which he said undermined his agenda and impeached top officials. He stated that troops were dispatched to the assembly only to maintain order. However, some high-ranking military and police officers who were sent to the assembly have testified in Constitutional Court hearings or told investigators that Yoon ordered them to forcibly remove lawmakers to obstruct a vote on his decree or detain politicians.
If the Constitutional Court upholds Yoon’s impeachment, he will be officially removed from office, and a national election will be held within two months to elect his successor. If the court rejects his impeachment, but he remains in jail, it is unclear if and when he will be able to resume his presidential powers.
Large demonstrations by both supporters and opponents of Yoon have taken place in Seoul and other major South Korean cities. Experts believe that regardless of the Constitutional Court’s decision, it will likely further divide the country and intensify the conservative-liberal divide.
Yoon is the first South Korean president to be arrested while holding office. South Korean law grants a president immunity from most criminal prosecutions, but not for serious charges such as rebellion or treason.
South Korean law grants a president the authority to impose martial law during wartime and similar emergencies, but many experts argue that South Korea was not in such a state when Yoon declared martial law.
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