Court cancels President Yoon’s detention

A South Korean court has ruled to cancel the detention of President Yoon Suk Yeol, who was indicted on charges of masterminding the December 3 emergency martial law attempt.

On Friday, the Seoul Central District Court’s Criminal Division 25, presided over by Judge Ji Gui-yeon, granted President Yoon’s request for release, ruling that his indictment was filed after his detention period had expired. According to South Korea’s Criminal Procedure Act, the president was arrested at 10:33 a.m. on January 15, and his legal detention period ended at 9:07 a.m. on January 26. However, prosecutors formally indicted him at 6:52 p.m. that same day, meaning his detention should have ended before the indictment was filed.

The court stated that, based on principles of personal liberty and non-custodial investigation, legal provisions should be interpreted strictly in favor of the accused. It ruled that President Yoon’s detention period should be calculated more narrowly, excluding the time spent reviewing his habeas corpus petition. This contradicted the prosecution’s position that his detention was valid until January 27.

The court also raised concerns over whether the Corruption Investigation Office for High-ranking Officials (CIO) had the authority to investigate treason charges, stating, “Clarifying the legitimacy of the investigative process is necessary.” President Yoon’s legal team had argued that the CIO’s justification for handling the case—linking treason charges to an abuse-of-power investigation—was flawed, as there was no clear evidence that the office had independently identified treason during its probe.

Prosecutor General Sim Woo-jung and senior officials have begun internal discussions on whether to appeal the decision, including a review of potential constitutional challenges regarding the appeal process for detention cancellations.

Legal experts suggest that the ruling is unlikely to affect the Constitutional Court’s impeachment trial against President Yoon, as deliberations have already concluded. Additionally, the CIO’s investigation records on treason, which the court highlighted as a procedural flaw, were not accepted as evidence in the impeachment case. However, some speculate that the president’s release could impact the timing of the verdict.

People Power Party emergency committee chair Kwon Young-se welcomed the court’s decision, calling it “an important moment affirming the rule of law and judicial integrity in South Korea.” The ruling party’s Floor Leader Kwon Seong-dong added, “The court has ruled that the CIO’s unlawful arrest and detention of President Yoon was unjustified, and the office must be held accountable.” Meanwhile, Democratic Party of Korea spokesperson Han Min-soo urged prosecutors to appeal immediately, emphasizing, “The court’s ruling has no bearing on the Constitutional Court’s impeachment trial of Yoon Suk Yeol and will not influence the outcome.”


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