South Korean Court Rules Detention Of Impeached President Yoon As Unjustified.

A South Korean court on Friday ruled that the detention of impeached President Yoon Suk Yeol was unjustified, paving the way for his release from custody.

The suspended president’s lawyer confirmed that he will not be released immediately as prosecutors have seven days to appeal the ruling.

Yoon has been in custody since his arrest Jan. 15, facing trial on insurrection charges over his failed attempt to declare martial law.

Yoon as on Dec. 3rd declared martial law, citing “anti-state forces,” before rescinding the order six hours later after lawmakers voted to reject it.

His lawyers argued that a second arrest warrant seeking to extend his detention after an initial period of 48 hours was illegal due to procedural issues.

The Seoul Central District Court said it was canceling that Jan. 19 warrant because it was filed after the expiration of the 48-hour period. It also cited legal issues with the investigation, which involves two separate agencies.

Suk Dong-hyun, a lawyer for Yoon, said the ruling “affirms that the rule of law is still alive in this country.” 

The presidential office welcomed the decision, saying the Corruption Investigation Office for High-Ranking Officials, which is leading the joint inquiry, had “conducted an unlawful, performative investigation despite lacking jurisdiction.”

Yoon’s conservative People Power Party also hailed the cancellation of his detention.

“This is justice served,” chief spokesperson Shin Dong-wook said in a statement. “Though delayed, it was a decision that had to be made.”

Yoon’s opponents urged prosecutors to appeal the ruling. The leftist NGO People’s Solidarity for Participatory Democracy, which has been leading candlelight vigils in support of Yoon’s impeachment, said the ruling was based solely on procedural issues and “does not, in any way, mean that Yoon Suk-yeol is innocent of insurrection.” 

If released, Yoon would return to the presidential residence for the duration of his insurrection trial, as well as a trial to determine whether to uphold his December impeachment by lawmakers.

During the impeachment trial, Yoon said he used the martial law decree only to break political deadlock with the opposition-controlled legislature and denied ordering military commanders to drag lawmakers out of parliament.

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