South Korean court cancels arrest warrant for impeached president Yoon

A court in South Korea accepted the request to overturn the arrest of impeached President Yoon Suk Yeol for his brief martial law implementation, ordering his release from custody on Friday.

Yoon had been held at a detention center in Uiwang, just south of Seoul, since January 15, when he was detained by investigators on charges of inciting insurrection with the martial law he declared on December 3.

The Seoul Central District Court stated that the prosecution had made an error regarding the detention period, approving Yoon’s request for the cancellation of his detention and his release.

If released, Yoon can be tried without physical detention.

Yoon’s legal team stated, “The Seoul Central District Court’s decision to approve the cancellation of the arrest confirms that the rule of law is still alive in the country,” adding, “Now the ball is in the prosecution’s court… The prosecution must ensure the President’s immediate release.”

The team noted that, according to the Criminal Procedure Act, the prosecution should keep the president detained during the seven-day period allowed to appeal the court’s decision. However, if the detention is suspended, the Constitutional Court previously found immediate appeals unconstitutional.

The Office of the President welcomed the court’s decision.

“The Office of the President, along with the people, looks forward to the President returning to his duties as soon as possible,” the statement said.

Rival political parties showed mixed reactions.

Kwon Young-se, the interim leader of the ruling People Power Party, said at a press conference, “We welcome, along with the people, the court’s wise decision in accordance with legal principles and conscience.”

“We hope that the Constitutional Court will also make a fair and equitable decision based solely on constitutional values,” Kwon said, referring to the impeachment decision that would lead to Yoon’s removal from office or reinstatement.

The main opposition Democratic Party (DP) expressed outrage at the “release of the ringleader of the insurrection” and called on the prosecution to appeal immediately.

DP Chairman Lee Jae-myung also intensified his criticism of the decision, arguing that an error in the prosecution’s calculations would not eliminate the fact that Yoon violated the Constitution.

“The miscalculation made by the prosecution does not eliminate the fact that an unconstitutional military coup disrupted the constitutional order,” Lee told reporters.

Lee also said that there were no other significant problems apart from the prosecution’s miscalculation of the detention period.

Civil activists, who have been holding rallies for or against Yoon’s removal from office for months, also had different reactions.

Supporters of Yoon cheered in front of the Constitutional Court with American and South Korean flags and began to march towards the president’s official residence in central Seoul.

The People’s Solidarity for Participatory Democracy, an anti-Yoon group, issued a statement calling on the prosecution to “correct the wrong legal decision and immediately appeal for correct judicial justice.”

The Constitutional Court of South Korea is expected to rule on Yoon’s impeachment on March 14.