Seoul central district court in South Korea on Friday cancelled the arrest of impeached President Yoon Suk Yeol in connection to the martial law declaration last year, according to a report by Yonhap news agency.
Following the court order, Yoon was reportedly released from the detention centre. The impeached president’s lawyers had submitted a petition last month to nullify his detention. They contended that the arrest was not legitimate, citing the prosecution’s extended delay in filing formal charges against him.
According to a court document, quoted by AFP, “It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired.” “To ensure procedural clarity and eliminate any doubts regarding the legality of the investigative process, it would be appropriate to issue a decision to cancel the detention,” it added.
South Korean prosecutors had formally indicted impeached President Yoon Suk Yeol in January on charges of rebellion over his controversial imposition of martial law. The Seoul Central District Prosecutors’ Office accused Yoon of being the “ringleader of an insurrection” linked to his December 3 decree, which suspended civilian rule for six hours. This unprecedented move, citing threats from “North Korean communist forces” and “antistate elements,” marked the first imposition of martial law in South Korea since 1980.
Yoon’s actions which included sending special forces to the national assembly faced immediate resistance. Members of parliament successfully challenged the armed military personnel and nullified the order. Subsequently, the national assembly voted to impeach Yoon on December 14. This led to a prolonged confrontation at his home, where his security team actively prevented attempts to take him into custody, ultimately concluding in his arrest.
The impeachment proceedings against Yoon have primarily focused on examining whether his declaration of martial law breached constitutional provisions, as such measures are strictly limited to wartime situations or severe national crises.
As the arrest is cancelled by court, the decision on Yoon’s impeachment by lawmakers still persists. The decision on that rests with the Constitutional court, which will determine whether to remove him from office permanently or reinstate him.
