SEOUL, March 7, 2025 (BSS/AFP) – A South Korean court annulled the arrest warrant for impeached President Yoon Suk Yeol on Friday. However, he remains in detention as the prosecution is expected to appeal the decision.
Yoon’s legal team filed a request to revoke his arrest warrant last month, arguing that his detention was unlawful due to the prosecution’s delay in indicting him.
The Seoul Central District Court stated, “It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired.” The court added that cancelling the detention would ensure clarity in the legal process and remove any doubts regarding the investigation’s legality.
Yoon, who was impeached after declaring martial law on December 3, has been detained since then. His lawyers pointed out that the court’s decision to cancel the arrest warrant does not guarantee his immediate release.
“Even if the court decides to cancel the detention, the defendant will not be released right away,” explained Yoon’s lawyer, Seok Dong-hyeon. “He will only be released if the prosecutor decides not to appeal or does not file an appeal within the allowed period.”
Prosecutors had not yet responded to requests for comment.
The decision was met with criticism from the opposition Democratic Party. “The prosecution must immediately appeal to ensure a ruling that aligns with the public’s sense of justice,” said opposition floor leader Park Chan-dae.
‘A Welcome Decision’
Yoon, a former prosecutor, caused significant turmoil in democratic South Korea in December when he briefly suspended civilian rule and deployed soldiers to parliament. He has been charged with insurrection for declaring martial law, which was quickly voted down by lawmakers before they impeached him.
The 64-year-old resisted arrest for two weeks, resulting in a standoff between his security team and investigators at his official residence in Seoul. He was finally arrested on January 15.
In addition to facing charges for his martial law declaration, Yoon is undergoing an impeachment trial at the Constitutional Court, which will determine whether his removal from office will stand. The court’s eight judges completed hearings last week, and a verdict is expected by mid-March.
If Yoon is removed from office, South Korea will be required to hold a fresh presidential election within 60 days.
Supporters from Yoon’s ruling People Power Party (PPP) welcomed the court’s decision. “Although overdue, this is a very welcome decision,” said MP Kwon Young-se. “The arrest raised numerous concerns, especially considering the investigative process that led to it.”
Meanwhile, at least 100 of Yoon’s supporters gathered in front of the detention centre where he is being held, waving Korean and US flags and chanting slogans such as “dismiss the impeachment” and “for the president we voted”.
The court’s decision on Yoon’s detention is not linked to his ongoing impeachment trial, according to opposition party spokesperson Han Min-soo. He stated, “Friday’s ruling will not affect the proceedings regarding Yoon’s formal removal from office by the Constitutional Court.”
The impeachment trial has focused on whether Yoon violated the constitution by declaring martial law, a measure reserved for national emergencies or wartime situations. The opposition has accused him of invoking martial law without justifiable cause, while Yoon’s legal team argues that it was a necessary step to protect the country from a “legislative dictatorship” led by the opposition.
Supplementary Information:
The impeachment and arrest of President Yoon have sparked intense political divisions in South Korea. The case highlights the delicate balance of power and the importance of constitutional safeguards in a democratic society. With South Korea’s political landscape in turmoil, the outcome of the impeachment trial could have profound implications for the country’s future governance.
See more: