Court orders the release of Yoon – but will he be freed?
THEGATEWAY PUNDIT | Published March 8, 2025
The controversy is ongoing over the fate of impeached, ousted and incarcerated South Korean President Yoon Suk Yeol, as news emerged today that a District Court on Friday ordered Yeol to be released from jail.
This could mean that Yoon would remain free to stand trial for his alleged rebellion.
But the liberal opposition – which many see as having performed a coup against Yoon – is fighting to keep him behind bars.
Associated Press reported:
“Yoon was arrested and indicted in January over the Dec. 3 martial law decree that plunged the country into political turmoil. The opposition-controlled parliament separately voted to impeach him, leading to his suspension from office.
The hearings in his impeachment trial at the Constitutional Court concluded in late February, and that court is expected to rule soon on whether to formally remove him from office or reinstate him.”
The Seoul Central District Court has accepted Yoon’s request to be released from jail on the grounds that his legal period of arrest expired before he was indicted.
“The court also cited the need to resolve questions over the legality of the investigations on Yoon. Yoon’s lawyers have accused the investigative agency that detained him before his formal arrest of lacking legal authority to probe rebellion charges.
Investigators have alleged that the martial law decree amounted to rebellion. If he’s convicted of that offense, he would face the death penalty or life imprisonment.”
Yoon’s defense team urged prosecutors to release him immediately, while the liberal opposition Democratic Party called on the same prosecutors to ‘immediately appeal the court’s ruling.’
Korean prosecutors can hold a suspect while pursuing an appeal against a suspension of an arrest by a court.
“Yoon’s martial law decree, which involved the dispatch of troops and police forces to the National Assembly, evoked traumatic memories of past military rules among many South Koreans. The decree lasted only six hours, as enough lawmakers managed to get into an assembly hall and voted to overturn it unanimously.”
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SOURCE: www.thegatewaypundit.com
RELATED: SKorea’s Yoon still in jail despite release order
DIE-HARD BACKERS Supporters of impeached South Korean President Yoon Suk Yeol hold red placards with the caption ‘Cancel the illegal detention immediately!’ outside the Seoul Detention Center, March 7, 2025. AFP PHOTO
THE MANILA TIMES | Published March 8, 2025
“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,” the court added.
The cancellation, however, may not mean his immediate release, said lawyers for the president, who has been impeached and detained over his December 3 declaration of martial law.
“Even if the court decides to cancel the detention, the defendant is not immediately released,” Yoon’s lawyer, Seok Dong-hyeon, said Friday.
“The defendant will be released only if the prosecutor waives the right to appeal or does not file an appeal within the prescribed period,” said Seok.
Prosecutors did not immediately respond to a request for comment from AFP.
‘A welcome decision’
Yoon, a former prosecutor, plunged democratic South Korea into turmoil in December by briefly suspending civilian rule and sending soldiers into parliament.
He has been charged with insurrection for his martial law declaration, which lawmakers voted down within hours before impeaching him.
The 64-year-old resisted arrest for two weeks in a tense standoff between his security team and investigators at his official residence in Seoul, but was finally taken into custody on Jan. 15.
He also faces an impeachment trial at the Constitutional Court, which will determine whether his removal from office is upheld.
The hearings for that case wrapped up last week, with the court’s eight judges set to convene behind closed doors to decide Yoon’s fate.
A verdict is expected in mid-March and South Korea must hold a fresh presidential election within 60 days if Yoon is removed.
Lawmakers at Yoon’s ruling People Power Party (PPP) hailed the court’s decision Friday.
“Although overdue, this is a very welcome decision,” said MP Kwon Young-se.
“The arrest itself raised numerous concerns when considering the investigative process that led to it,” said Kwon.
“This is a crucial moment that reaffirms the rule of law and justice in South Korea,” he added.
Overjoyed supporters quickly gathered in front of Yoon’s house, waving Korean and American flags.
Much of the impeachment trial has centered on whether Yoon violated the constitution by declaring martial law, which is reserved for national emergencies or times of war.
The opposition has accused him of taking the extraordinary measure without proper justification.
Yoon’s lawyers have said he declared martial law to alert the country to the dangers of “legislative dictatorship” by the opposition.
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