South Korean court orders impeached Yoon released from custody after accepting request to cancel arrest
Yoon Suk Yeol to be released from custody on Friday after accepting his request to cancel his arrest over his short-lived imposition of martial law.
- SEOUL — A South
Korean court ordered impeached President Yoon Suk Yeol to be released from
custody on Friday after accepting his request to cancel his arrest over his
short-lived imposition of martial law.
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- Yoon has been held at a detention centre in Uiwang, just
south of Seoul, since investigators detained him and brought him there on
January 15 on charges of inciting an insurrection through his December 3
declaration of martial law.
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- With his release, Yoon will be able to stand trial without
physical detention.
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- The Seoul Central District Court announced its decision
about a month after Yoon's legal team filed the cancellation request claiming
the prosecution's indictment of him on January 26 was illegal as it came a day
after his detention period had expired.
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- Detained suspects can be held longer if indicted within
their detention period.
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- Prosecutors countered that the indictment took place within
the set period, as the criminal procedure code dictates it should be counted in
days, not in minutes and hours, as claimed by Yoon's legal team.
-
- In siding with Yoon, the court explained that the detention
period should be calculated in hours and his indictment took place outside the
period, Yonhap news agency reported.
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- Yoon's legal team had also argued the President's
declaration of martial law did not constitute an insurrection and that he
presented no risks of destroying evidence.
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- Prosecutors insisted the concerns about destroying evidence
remained large and that he could frequently meet key figures and aides involved
in the martial law bid in the event his trial takes place without physical
detention.
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- If Yoon, who was elected in May 2022 for a single, five-year
term, is formally removed from office, a snap election will be held within 60
days. However, if the impeachment is dismissed, Yoon will immediately resume
his duties.
