President Yoon’s release from detention fuels greater division

As South Korean President Yoon Suk Yeol has been released from prison, the country is left with a deeper level of division and conflict over the impeachment issue. While President Yoon asked his supporters to unite in a statement issued right after his release, with the ruling People Power Party increasing its pressure on the Constitutional Court of Korea to dismiss the impeachment, the main opposition Democratic Party of Korea (DP) has shown its willingness to impeach Prosecutor General Shim Woo-jung to hold him accountable for releasing President Yoon from detention. Meanwhile, large-scale rallies from both supporters and opponents of the impeachment of President Yoon were staged across Seoul with political leaders, conservative and liberal, leading the protesters.

The prosecution released President Yoon from prison at 5:20 p.m. on Saturday, 28 hours after the court canceled his arrest at 2 p.m. on Friday. It was reported that prosecutors decided not to pursue an immediate appeal or other objection procedures against the court's decision. However, they plan to focus on his upcoming criminal trial for allegedly leading an insurrection, arguing that the detention period was calculated legitimately.

Walking out of the main gate of Seoul Detention Center where he had been detained, President Yoon waved to his supporters and raised his fist before leaving for the presidential residence. In a statement issued by his lawyers, the president said, “I would like to appreciate many citizens, including the next generations, showing me a great deal of support.”

The ruling party has intensified its pressure on the Constitutional Court following President Yoon's release. PPP Floor Leader Kwon Sung-dong argued that if the Constitutional Court concludes that procedures lack legitimacy based on the court's decision to cancel the detention, it may be necessary to reopen the arguments concerning the impeachment trial. "The Constitutional Court should dismiss the impeachment trial, which has significant flaws due to the withdrawal of the insurrection charges," Rep. Na Kyung-won of the ruling People Power Party said.

The main opposition Democratic Party of Korea announced that it would accuse Prosecutor General Shim of not protesting against the court’s decision and thus seek his impeachment moving forward, demanding that he should step down immediately. “No one would accept that the culprit behind insurrection, who is subject to capital punishment or life imprisonment, is believed to deserve to be released merely due to the issue of calculating his detention period even with his subordinates currently under detention on charges of facilitating acts of insurrection,” DPK leader Lee Jae-myung claimed. “The prosecution played a critical role in the insurrection in question.”

Legal experts argue that a constitutional decision should be made swiftly to prevent the cancellation of President Yoon’s detention and the consequent release from prison from fueling confusion across the country. “Whether to have President Yoon in detention has nothing to do with the impeachment trial although it may have a psychological or political impact,” Professor Han Sang-hoon at Yonsei University Law School stated. “The later the impeachment trial comes to an end, the more likely the country is to see a greater number of protesters attempting to have an influence on the Constitutional Court.”


Na-Ri Shin journari@donga.com