SEOUL, South Korea – A South Korean court ruled on Friday that impeached President Yoon Suk Yeol should be released from jail, potentially allowing him to stand trial for rebellion without being held in custody.
Yoon was arrested and indicted in January following his December 3 martial law declaration, which threw the nation into political chaos. In a separate move, the opposition-led parliament voted to impeach him, leading to his suspension from office.
The Constitutional Court, which recently concluded hearings on his impeachment, is expected to decide soon whether to officially remove him from office or reinstate him.
The Seoul Central District Court justified Yoon’s release by stating that his formal detention period had expired before his indictment. It also highlighted concerns about the legality of the investigation into Yoon, as his legal team argued that the agency handling his case lacked the authority to pursue rebellion charges.
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Rebellion Charges and Legal Uncertainty
Prosecutors have accused Yoon of engaging in rebellion through his martial law order, a charge that could result in either a life sentence or the death penalty if he is convicted.
Yoon’s defense team welcomed the court’s decision and urged for his immediate release. His presidential office also expressed support, hoping he could resume his duties soon. However, South Korean law allows prosecutors to temporarily hold a suspect while appealing a court’s decision.
Meanwhile, the Democratic Party, which spearheaded Yoon’s impeachment, called for an immediate appeal to challenge his release.
Martial Law Controversy and Political Fallout
Yoon’s martial law decree, which involved deploying military and police forces to the National Assembly, revived painful memories of past authoritarian rule for many South Koreans. The decree, however, lasted only six hours before lawmakers gathered and unanimously voted to overturn it.
In his defense, Yoon has argued that his decision aimed to expose the dangers posed by the opposition Democratic Party, which had blocked his policies and impeached high-ranking officials. He also claimed that troops were deployed to preserve order, not to obstruct the parliamentary vote. However, military and police officials who testified before the Constitutional Court and investigators alleged that Yoon had ordered them to remove lawmakers to prevent the vote or even detain politicians.
If the Constitutional Court upholds Yoon’s impeachment, he will be permanently removed from office, triggering a national election within two months to select his successor. If the court dismisses the impeachment while he remains in legal custody, questions remain about how soon he could resume his presidential powers.
A Divided Nation
Yoon’s arrest has sparked mass protests across South Korea, with both his supporters and opponents flooding the streets of Seoul and other major cities. Experts warn that regardless of the Constitutional Court’s final ruling, the decision will likely deepen divisions between the country’s conservatives and liberals.
Yoon is the first sitting South Korean president to be arrested, as presidential immunity in the country does not extend to grave charges like rebellion or treason.
While South Korean law grants a president the authority to declare martial law during wartime or in extreme emergencies, many legal experts argue that no such crisis existed when Yoon made his controversial decision.