In a significant development, a South Korean court has ordered the release of the impeached President Yoon Suk Yeol from jail, a move that could enable him to face trial without being physically incarcerated. Yoon was arrested in January following a martial law declaration on December 3, which led to political unrest, and was subsequently indicted on rebellion charges. The opposition-led parliament impeached him, resulting in his suspension.
Hearings for his impeachment trial concluded at the Constitutional Court in February, and a ruling is anticipated soon to decide whether Yoon should be officially removed from office or reinstated. The Seoul Central District Court justified Yoon’s release as his formal arrest period expired prior to indictment, and highlighted uncertainties regarding the legality of investigations against him. Yoon’s defense has argued that the investigating body lacked authority to pursue rebellion charges.
Allegations suggest that Yoon’s martial law order constituted rebellion, which, if proven, could result in a death penalty or life imprisonment. Yoon’s legal team applauded the court’s decision, urging immediate release, while the presidential office expressed hope for his swift return to duties. However, South Korean law permits prosecutors to temporarily hold a suspect pending appeal even if their arrest is suspended.
The Democratic Party, which spearheaded Yoon’s impeachment on December 14, urged prosecutors to appeal the court’s ruling without delay. Yoon’s martial law initiative, deploying troops and police to the National Assembly, triggered distress due to South Korea’s history with military rule. Although the decree was annulled after six hours as legislators overwhelmed the assembly to vote unanimously against it, its impact lingered.
Yoon defended his actions by claiming the decree aimed to expose the opposition Democratic Party’s threat, citing the deployment of forces as a measure to restore order. Nevertheless, testimonies from military and police leaders allege they were instructed to remove lawmakers to impede the vote or detain them. Should the Constitutional Court affirm Yoon’s impeachment, an election will be needed within two months to select his successor; if denied, questions remain about his ability to carry out presidential functions while possibly imprisoned.
Seoul and other major South Korean cities have seen large-scale demonstrations from Yoon’s adversaries and allies. According to experts, any ruling by the Constitutional Court will likely exacerbate the nation’s political division. Yoon’s arrest marked the first of a sitting South Korean president. Presidential immunity in South Korea doesn’t cover serious charges like rebellion or treason.
By law, a South Korean president may enact martial law in wartime or crucial emergencies, yet analysts argue that such conditions were absent at the time of Yoon’s martial law declaration.
