Seoul Central District Court ruling allows for former president’s release from custody.

A legal victory for former South Korean President Yoon Suk-yeol has taken place as a court in Seoul revoked his arrest warrant, clearing the path for his impending release from detention.

Yoon appealed to the Seoul Central District Court last month, asserting that the arrest warrant issued in his name was against the law.

“The court document stated that there is a reasonable inference that the indictment was filed after the defendant’s detention period had already ended,” noted the ruling from Seoul Central District Court.

The court further stated on Friday that to maintain the integrity of procedures and avert any legal ambiguities in the investigation process, cancellation of the detention was the suitable course of action.

“The principle of rule of law in South Korea is intact,” Yi Won-sik, Yoon’s legal representative, remarked following the ruling, as per YTN.
Local news channels indicate that Yoon will be freed and allowed to attend his trial outside of detention.
However, Yoon’s attorney, Seok Dong-hyun, indicated that prosecutors have the option to contest the court’s ruling.

Yoon has spent over 50 days in a detention facility located south of Seoul, effectively since his arrest in mid-January, reported Al Jazeera’s Rob McBride from Seoul.

McBride added that while many anticipate Yoon’s release later on Friday, it is uncertain whether prosecutors will appeal the decision, which could result in the continuation of his detention.

Uprising

The South Korean presidential office hailed the court’s ruling on Friday, hoping Yoon would return to his duties shortly.

The former president was arrested in mid-January on charges of insurrection due to his brief introduction of martial law earlier that month.

The investigation claims Yoon’s declaration of martial law equated to uprising. If found guilty of this crime, he would face either the death penalty or life imprisonment.

Yoon’s legal team contended that the arrest warrant issued on January 19, which has kept him in custody, was invalid due to procedural defects in prosecutors’ filing.

Yoon declared martial law on December 3, justifying that it was to eliminate “antistate” forces; however, he rescinded the order six hours later following parliament’s rejection. He has asserted that he never aimed to fully enact military rule.

Later, he faced impeachment by the opposition-controlled parliament for allegedly violating his constitutional duties by proclaiming martial law.

The ultimate decision to either formally end Yoon’s presidency or reinstate him now rests with the Constitutional Court. If the impeachment is upheld, he will be officially removed from office, leading to a national election for his successor within two months.

Yoon, 64, also faces a separate criminal trial, marking him as the first sitting president to be arrested on criminal charges on January 15.