SEOUL, South Korea – Following a South Korean court’s ruling on Friday, impeached President Yoon Suk Yeol is set to be released from jail. This development paves the way for Yoon to potentially stand trial for his rebellion charge outside of physical detention. Yoon’s troubles began in January when he was arrested and indicted for issuing a martial law decree on December 3, which sent the nation into political chaos. With a parliamentary vote leading to his impeachment, Yoon was suspended from his presidential duties.
The impeachment trial against Yoon concluded in late February, leaving the Constitutional Court to soon decide whether to formally remove him from office or reinstate him. The Seoul Central District Court approved Yoon’s release request, given that the legal time frame of his formal arrest had expired before his indictment. Additionally, concerns over the legality of the investigations against Yoon were cited by the court. Yoon’s defense team has raised issues regarding the investigative agency’s authority to probe rebellion charges.
Facing allegations that his martial law decree constituted rebellion, Yoon could potentially receive the death penalty or life imprisonment if convicted. Welcoming the court’s decision, Yoon’s defense team and the presidential office expressed hopes for his swift return to work. Despite the release order, South Korean law allows prosecutors to keep a suspect temporarily detained while pursuing an appeal, a situation the opposition party is quick to push for.
Yoon’s martial law decree, which saw troops and police forces dispatched to the National Assembly, invoked memories of the country’s past military rule. Against claims that he only sought to inform the public of a perceived threat from the opposition, testimonies from military and police officers suggest otherwise. The looming decision from the Constitutional Court on Yoon’s impeachment is expected to further divide the nation politically and intensify the conservative-liberal discord.
As the first South Korean president to be arrested while in office, Yoon’s case shines a spotlight on the limitations of a president’s immunity from prosecution. While the country’s president holds authority to declare martial law in specific circumstances, experts question the validity of Yoon’s actions in light of the nation’s overall state at the time of the decree. Amidst protests and political tensions, South Korea braces for the Constitutional Court’s final verdict on the fate of its embattled leader.