Korean court cancels Yoon’s detention; Insurrection case continues

Separately, the Constitutional Court is set to rule soon on whether to uphold Yoon’s December impeachment by Parliament

Supporters of impeached South Korean President Yoon Suk Yeol gather outside Yoon's official house in Seoul on March 7,2025

Lan Heo, Seo-woo Jang and Si-Eun Park 1

2025-03-07 19:22:21 why@hankyung.com

Business & Politics

A South Korean court on Friday cancelled impeached President Yoon Suk Yeol’s detention warrant, ordering him to be released from jail, although he still faces a Constitutional Court trial over his failed attempt to impose martial law on the country last December.

The Seoul Central District Court said in a statement that it accepted Yoon’s petition in February to cancel his custody.

Yoon has been held at a detention center in Uiwang, south of Seoul, since mid-January on charges of leading an insurrection relating to his short-lived martial law decree.

Despite Friday’s court ruling, Yoon may not be immediately freed as prosecutors could appeal to a higher court

On Friday, the Seoul court ruled that prosecutors had indicted Yoon after his legal detention period expired.

The court also cited procedural errors, including how the Corruption Investigation Office for High-ranking Officials and prosecutors improperly divided the detention period between them without legal basis and failed to follow proper transfer procedures.

Despite Friday’s court ruling, however, Yoon may not be immediately freed as prosecutors could appeal to a higher court.

The prosecutors' office did not immediately comment on the ruling.

A supporter of impeached South Korean President Yoon Suk Yeol holds Korean and US national flags outside the Seoul detention center where Yoon has been held since mid-January

CONSTITUTIONAL COURT RULING EXPECTED SOON

The court ruling did not dismiss the criminal charges that led to Yoon's arrest on Jan. 15.

Yoon was arrested after declaring martial law on Dec. 3 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.

South Korean President Yoon Suk Yeol (left) at the Constitutional Court in Seoul on Feb. 6, 2025 (Courtesy of Yonhap)

Separate 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 National Assembly.

If upheld, President Yoon will be permanently removed from office, triggering a snap election within 60 days.

If rejected, Yoon could potentially return to his presidential duties despite still facing criminal charges.

Currently, Finance Minister Choi Sang-mok is the acting head of state.

Write to Lan Heo, Seo-woo Jang and Si-Eun Park at why@hankyung.com

In-Soo Nam edited this article.