In a groundbreaking decision, a South Korean court approved the release of the currently impeached President Yoon Suk-yeol on Friday, paving the way for the former leader to face his trial without detention. This marks an unprecedented move, as Yoon becomes the first sitting president in the nation's history to be arrested and prosecuted.
The Seoul Central District Court accepted Yoon's legal team's request to cancel his arrest, initially made on February 4. With no appeal from the prosecution, Yoon is set to regain his freedom; however, his release remains under suspension pending a higher court's review.
The judge's rationale for the decision emphasized the necessity of procedural clarity and the elimination of doubts surrounding the investigation. The court warned that proceeding with a potentially flawed trial could lead to an annulment or a retrial at a higher judicial level.
The legal battle intensified during a hearing on February 20, where Yoon's defense argued that his indictment under detention occurred after the expiration of the legitimate arrest warrant period. The prosecution, on the other hand, maintained the validity of the indictment.
Examining the timeline, Yoon was apprehended at his presidential residence on January 15 and was indicted as a suspected ringleader of insurrection on January 26. Notably, prosecutors filed the accusation at 6:52 p.m., but according to the court, the arrest period had already expired earlier that same day at 9:07 a.m.
Adding to the controversy, the court ruled that the Corruption Investigation Office for High-ranking Officials (CIO) lacked the authority to investigate an insurrection case independently, especially as there were conflicting uses of the arrest period without legal backing.
The drama surrounding Yoon escalated when he declared an emergency martial law on December 3 last year, a move swiftly overturned by the opposition-controlled National Assembly just hours later. Following this, the National Assembly passed a motion to impeach Yoon on December 14, leading the constitutional court to conduct 11 hearings on the matter, with the final verdict anticipated next week.
This legal saga continues to unfold, capturing the attention of not only South Korea but also the global community, highlighting the intricate balance between governance, law, and political accountability.
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South Korean court approves release of arrested President Yoon
cgtn.com
