Decision by Seoul Central District Court paves the way for the suspended leader’s release from jail.
A South Korean court has revoked the arrest warrant for impeached President Yoon Suk-yeol, clearing the path for his release from jail after he was detained for imposing martial law.
The suspended president submitted the request to the Seoul Central District Court last month, arguing that the arrest warrant issued against him was unlawful.
“It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired,” stated a document from the Seoul Central District Court.
“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 on Friday.
“South Korea’s rule of law is still alive,” Yoon’s legal counsel said following the court’s decision, as reported by South Korean broadcaster YTN.
Local media indicated that Yoon is expected to be released and participate in his trial while out of detention.
However, Seok Dong-hyeon, Yoon’s lawyer, noted that prosecutors could still appeal the court ruling.
“Yoon has been held for just over 50 days in a detention facility south of Seoul, pretty much since his arrest in mid-January,” said Al Jazeera’s Rob McBride, reporting from the South Korean capital.
“It remains a question whether [Yoon] will be released later this Friday, which is an expectation, or whether the prosecutors in this case will appeal against that, in which case the detention will continue,” he added.
Rebellion
South Korea’s presidential office welcomed the court’s decision on Friday, expressing hope that Yoon would return to work soon.
The suspended president was arrested in mid-January on insurrection charges related to his brief imposition of martial law weeks earlier.
Investigators have alleged that Yoon’s martial law decree amounted to rebellion. If convicted of that offense, he could face the death penalty or life imprisonment.
Yoon’s lawyers argued that the arrest warrant issued on January 19, which has kept him in detention, was invalid because the request filed by prosecutors was procedurally flawed.
Yoon declared martial law on December 3, stating it was necessary to eliminate “anti-state” elements, but lifted the decree six hours later after parliament voted to reject it. He has maintained that he never intended to fully impose emergency military rule.
Weeks later, he was impeached by the opposition-led parliament on accusations of violating his constitutional duty by declaring martial law.
It now falls to the Constitutional Court to decide whether to formally end Yoon’s presidency or reinstate him. If the Constitutional Court upholds the impeachment, he will be officially removed from office, and a national election will be held within two months to choose his successor.
Yoon, 64, also faces a separate criminal trial and became the first sitting president to be arrested on criminal charges on January 15.
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