South Korean courts cancelled President Yoon Sak Yeol’s warrant of detention, paving the way for his potential release.
He has been in custody since mid-January for leading a rebellion related to his failed attempt to impose martial law in December.
The Seoul Central District Court accepted a petition to cancel Yoon’s custody in a ruling held on Friday, the Guardian saw, but the president faces serious criminal charges that could lead to life or even death penalty if convicted.
Police and Yoon’s supporters were seen gathering around the presidential residence of the capital prior to his return.
Despite the court’s decision, Yoon will not be released immediately. His lawyer, Seok Dong-hyun, said the president will remain in custody while prosecutors decide whether to oppose the ruling within the seven-day window. The Justice Department said it is waiting for a prosecutor’s decision on whether to issue a release order.
Yoon was held at the Seoul Detention Center from January 15th, and investigators dramatically executed a warrant for arrest after the first attempt failed when the president blocked police from entering his residence.
Yoon’s legal team confirmed that “the rule of law is still alive in this country” and welcomed the court’s decision, demanding that “prosecutors should order the president’s release immediately.” His team argued that it was unconstitutional to detain him during the appeal period.
On Friday, the court ruled that prosecutors charged Yoon after his legal custody period expired, and calculated that the 10-day detention limit was passed when counting actual times rather than the entire day.
The court also cited procedural errors, including the Bureau of Corruption Investigation and the prosecutor’s inappropriate division of the period of detention without legal basis and failure to comply with appropriate transfer procedures.
Criminal cases against Yoon continue regardless of their release from detention.
The Democrats expressed their dissatisfaction with the court’s decision and urged prosecutors to “immediately appeal” the verdict.
Party floor leader Park Chang-dae added that the party felt “remorse” about the decision and “the fact that Yoon Sook Yeol violated the law so badly and the constitution remains unchanged.”
Yoon was arrested after declaring martial law on December 3, deploying troops to the National Assembly, and claiming that he needed to investigate alleged election fraud. The military deployment continued hours before Congress voted to overturn the declaration.
He is accused of leading the riots, one of two crimes that have not enjoyed immunity from prosecutors under South Korean law.
Apart from criminal cases, the Constitutional Court is scheduled to rule next week whether it will uphold Yoon’s December blast each by the national parliament.
If supported, this will permanently remove him from the office and cause a snap election within 60 days. If rejected, Yoon could potentially return to presidential duties despite still facing criminal charges.
