UPDATE - South Korean court orders release of impeached president from detention

ADDS DETAILS; CHANGES HEAD, DECK, LEDE; EDITS THROUGH

By Saadet Gokce

ISTANBUL (AA) - A Seoul court on Friday ordered the release of impeached President Yoon Suk Yeol from the detention center where he has been held over his failed Dec. 3 imposition of martial law decree.

Yoon filed a request with the Seoul Central District Court last month, pleading that his indictment over the short-lived martial law declaration was illegal, the Seoul-based Yonhap News Agency reported.

The court cited the release decision as Yoon’s detention’s extension over his Jan. 26 indictment on insurrection charges came hours after the initial detention period expired.

Yoon, if released, will stand trial without being detained.

The court agreed with Yoon's argument that the Corruption Investigation Office for High-Ranking Officials investigating his alleged insurrection is outside its scope.

The prosecution argued that the indictment happened in the required timeframe since the criminal procedure code dictates it should be counted in days.

Yoon's legal team stated that the court’s decision to cancel the arrest shows the rule of law is upheld in the country, adding that “the prosecution must immediately direct the president's release.”

They also pointed out that while the criminal procedure code allows for the president's custody during the seven-day appeal period, the Constitutional Court has ruled that an immediate appeal on a suspended arrest is unconstitutional.

The presidential office also said they welcomed the court decision.

Yoon is under criminal investigation for abuse of power and leading an insurrection, making him the first sitting president to be arrested. He is also subject to a travel ban.

The National Assembly voted overwhelmingly to remove Yoon from office on Dec. 14, 2024.

Yoon was first detained on Jan. 15 and formally arrested on Jan. 19 in a widening probe into the botched martial law decree, which he defended. He was indicted on Jan. 26.

Under the constitution, the Constitutional Court must decide whether to remove or reinstate Yoon within 180 days after his impeachment by the National Assembly.

The court is expected to deliver its judgment in March.