South Korea court cancels President Yoon’s detention as insurrection case continues
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Police and supporters of impeached president gather at presidential residence in Seoul before his possible release

A South Korean court has cancelled President Yoon Suk Yeol’s detention warrant, paving the way for his potential release.

He has been held since mid-January on charges of leading an insurrection relating to his failed attempt in December to impose martial law.

The Seoul central district court accepted Yoon’s petition to cancel his custody, in a ruling delivered on Friday and seen by the Guardian, though the president still faces serious criminal charges that could result in life imprisonment or even the death penalty if convicted.

The justice ministry said it was awaiting the prosecution’s decision on whether to issue release orders.

Yoon has been held in Seoul detention centre since 15 January, when investigators dramatically executed an arrest warrant after an initial failed attempt when presidential security forces blocked police from entering his residence.

Yoon’s legal team welcomed the court’s decision as confirming “that the rule of law is still alive in this country” and demanded that “prosecutors should immediately order the president’s release”. His team argued that keeping him detained during the appeal period would be unconstitutional.

On Friday, the court ruled that prosecutors had indicted Yoon after his legal detention period had expired, calculating that the 10-day detention limit had passed when counting actual hours rather than full days.

The court also cited procedural errors, including how the corruption investigation office and prosecutors improperly divided the detention period between them without legal basis and failed to follow proper transfer procedures.

The criminal case against Yoon will continue regardless of his release from detention.

The ruling Democratic party expressed dissatisfaction with the court’s decision, urging prosecutors to “immediately appeal” against the ruling.

Park Chan-dae, the party’s floor leader, said the party felt “regret” about the decision and added: “The fact that Yoon Suk Yeol gravely violated the law and constitution remains unchanged.”

Yoon was arrested after declaring martial law on 3 December and deploying troops to the national assembly, claiming he needed to counter “anti-state forces” and investigate alleged election fraud. The military deployment lasted only hours before parliament voted to overturn the declaration.

He has been accused of leading an insurrection, one of only two crimes for which sitting presidents do not enjoy immunity from prosecution under South Korean law.

Separately from the criminal proceedings, the constitutional court is expected to rule as soon as next week on whether to uphold Yoon’s December impeachment by the country’s national assembly.

If upheld, this would remove him from office permanently and trigger a snap election within 60 days. If rejected, Yoon could potentially return to his presidential duties despite still facing criminal charges.
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