In a groundbreaking decision, a South Korean court approved the release of arrested President Yoon Suk-yeol on Friday, opening the door for the impeached leader to be tried without detention. 🇰🇷
The Seoul Central District Court accepted Yoon's request to cancel his arrest, which was initially made by his legal team on February 4. Without a prosecution appeal, Yoon is set to be released, although an appeal could suspend his freedom until another judge reviews the case.
The court emphasized that canceling the arrest ensures procedural clarity and helps dispel doubts surrounding the investigation process. It warned that proceeding with the criminal trial amidst unresolved controversies might lead to an annulment by a higher court or even a retrial.
During a hearing on February 20, Yoon's defense argued that his indictment under detention occurred after the arrest warrant period had expired. Conversely, the prosecution maintained that the indictment was legitimate. The court sided with Yoon, noting that the arrest period should be based on the actual time rather than the date.
Yoon was apprehended in the presidential residence on January 15 and indicted on January 26 as a suspected ringleader of insurrection, making him the first sitting South Korean president to face arrest and prosecution.
The prosecutors accused Yoon at 6:52 p.m. on January 26, but the court ruled that his arrest period had already expired at 9:07 a.m. that same day.
The court also determined that the Corruption Investigation Office for High-ranking Officials (CIO) lacked the authority to investigate an insurrection case, as both the CIO and the prosecution had improperly divided and used the arrest period without a legal basis.
Following an initial investigation, the CIO referred Yoon's insurrection case to the prosecution in January. Last year, Yoon declared an emergency martial law on the night of December 3, which was swiftly revoked by the opposition-led National Assembly hours later.
The National Assembly passed a motion to impeach Yoon on December 14. Since then, the constitutional court has conducted 11 hearings on his impeachment, with a final verdict eagerly anticipated next week.
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South Korean court approves release of arrested President Yoon
cgtn.com
