A South Korean court yesterday ordered impeached President Yoon Suk-yeol to be released from jail, a move that could allow Yoon to stand trial for his rebellion charge without being physically detained.
Yoon was arrested and indicted in January over his martial law decree on Dec. 3 last year 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 late last month, which is expected to rule soon on whether to formally remove him from office or reinstate him.
Photo: REUTERS
The Seoul Central District Court said it accepted Yoon’s request to be released from jail because the legal period of his formal 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 is convicted of that offense, he would face the death penalty or life imprisonment.
Yoon’s defense team welcomed the court’s decision and urged prosecutors to release him immediately.
The presidential office also welcomed the court’s decision, saying it hopes Yoon would swiftly return to work.
However, South Korean law allows prosecutors to continue to hold a suspect whose arrest has been suspended by a court temporarily while pursuing an appeal.
The main liberal opposition Democratic Party called on prosecutors to immediately appeal the court’s ruling.
If the Constitutional Court upholds Yoon’s impeachment, he would be officially thrown out of office and a national election would be held to choose his successor within two months.
If the court rejects his impeachment, but he is still in jail, it is unclear whether and how soon he would be able to exercise his presidential powers.
Massive rallies by opponents and supporters of Yoon have filled the streets of Seoul and other major South Korean cities. Whatever the Constitutional Court decides, experts say it would likely further polarize the country and intensify its conservative-liberal divide.
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