A South Korean court has decided that former President Yoon Suk Yeol should be released from Jail after being arrested and charged in connection with his short-lived declaration of martial law. This decision means that Yoon can stand trial without being in custody. Final proceedings for the impeachment hearings, which decide whether a public official ought to be removed from office, were concluded in late February. We can expect a ruling on whether he will be removed from office or reinstated very soon.
The court stated that it granted Yoon’s release request because the legal timeframe for his formal arrest had lapsed prior to his indictment in late January. It noted that the investigative agency responsible for detaining Yoon before his formal arrest lacked the legal authority to pursue the charges of criminal rebellion. Yoon’s legal team expressed satisfaction with the court’s ruling and called for his immediate release by prosecutors. The presidential office also expressed approval of the decision, indicating a desire for Yoon to return to his duties promptly.
However, South Korean law permits prosecutors to temporarily detain a suspect while they seek to appeal the ruling. Yoon’s attorney, Seok Dong-hyeon, informed Agence France-Presse that Yoon would only be released if the prosecutor decides to forgo the right to appeal or fails to file an appeal within the designated timeframe. Prosecutors did not provide an immediate response to AFP’s request for comment.
Investigators have alleged that the martial-law decree was an act of rebellion. If he is found guilty, he could face the death penalty or life in prison. Yoon’s decree, which sent troops and police to the National Assembly, brought back painful memories of past military rule for many South Koreans. It was in effect for only six hours because enough lawmakers arrived to hold a vote, which they unanimously passed to cancel the decree.
Yoon later stated that his decree was intended to warn the public about the threat posed by the main liberal opposition, the Democratic Party, which he accused of undermining his plans and impeaching key officials. He claimed the troops were sent to maintain order. However, some high-ranking military and police officials have testified that Yoon instructed them to remove lawmakers to prevent a vote on his decree or to detain politicians.
If the Constitutional Court confirms Yoon’s impeachment, he will be officially removed from his position as president, prompting a national election to select his successor within two months. The streets of Seoul and other major cities in South Korea have been filled with massive rallies from both Yoon’s supporters and opponents.
Regardless of the Constitutional Court’s ruling, experts predict that the outcome will likely deepen the existing divisions in the country, intensifying the conservative-liberal split. Yoon holds the distinction of being the first South Korean president to be arrested while in office. Although South Korean law typically grants presidents immunity from most criminal charges, this protection does not extend to serious offenses such as rebellion or treason. Legally, a president in South Korea can impose martial law during wartime or similar emergencies; however, many experts argue that the country was not in such a state when Yoon declared martial law.
