South Korean court cancels impeached president Yoon’s arrest and orders his release

A court in South Korea has cancelled impeached president Yoon Suk Yeol’s arrest warrant, paving the way for his release, after weeks spent in detention for insurrection charges over his brief imposition of martial law.
The president won’t be released from prison immediately because prosecutors have the right to file an appeal, Mr Yoon’s lawyer said. If he is released from prison, the court ruling will allow Mr Yoon to face his criminal trial while not being physically detained between hearings.
The president was arrested and indicted in January for rebellion, in connection with his 3 December martial law decree. The move sparked chaos in Seoul before it was voted down by lawmakers and rescinded in a matter of hours.
Mr Yoon has claimed he was acting to root out “anti-state” elements and that he never intended to fully impose emergency military rule.
Mr Yoon’s lawyers had argued the warrant issued on 19 January was invalid because the request filed by prosecutors was procedurally flawed.
“South Korea’s rule of law is still alive,” Mr Yoon’s legal counsel said, shortly after Seoul Central District Court made the ruling on Friday.
The president’s office welcomed the court’s decision, saying it hopes Mr Yoon “will return to work soon”.
The court said it accepted the president’s request to be released from jail because the legal period of his formal arrest expired before he was indicted. The bench noted that there were “questions about the legality” of the investigation process that involved two separate agencies.
The country’s first martial law decree in nearly 40 years ended just after six hours when the National Assembly voted to withdraw it. Members of the assembly jumped over fences and broke through lines of armed soldiers who were preventing lawmakers from entering the building.
Mr Yoon is also facing an impeachment trial at the Constitutional Court to determine whether to remove him from office permanently or reinstate his presidential powers. If the court upholds Mr Yoon’s impeachment, he will be thrown out of office and a national election will be held to choose his successor within two months.