SEOUL, South Korea — On Friday, a South Korean court decided to release impeached President Yoon Suk Yeol from jail. This ruling means Yoon can now face his rebellion charge without being locked up.
Yoon was arrested in January after issuing a controversial martial law decree on December 3rd, which sparked major political chaos in the country. The opposition-led parliament voted to impeach him, leading to his suspension from office.
The Constitutional Court wrapped up its hearings on Yoon’s impeachment trial in late February and is expected to announce whether he will be officially removed from office or reinstated soon.
The Seoul Central District Court granted Yoon’s release because the legal timeframe for his arrest had expired before he was formally charged. The court pointed out the need to address questions regarding the legality of the investigations surrounding him. Yoon’s legal team has claimed that the agency that initially detained him did not have the right to investigate charges of rebellion.
The allegations against Yoon suggest that his martial law decree was an act of rebellion. If found guilty, he could face severe penalties, including life imprisonment or even the death penalty.
Yoon’s defense team expressed relief at the court’s decision and called for his immediate release. The presidential office also reacted positively, hoping he would soon return to his duties.
However, under South Korean law, prosecutors can still hold a suspect even after a court suspends their arrest while they appeal the ruling. The main opposition party, the Democratic Party, which initiated Yoon’s impeachment, urged prosecutors to appeal the court’s decision quickly.
Yoon’s martial law declaration, which involved sending troops and police to the National Assembly, brought back unsettling memories of past military regimes for many South Koreans. The decree was short-lived, as lawmakers quickly overturned it within six hours.
Yoon contended that the decree was meant to alert citizens to perceived threats from the opposition, which he claimed was undermining his agenda. He argued that sending in troops was necessary to maintain order. However, testimonies from military and police personnel involved have indicated Yoon’s orders included pressuring lawmakers to vote against his decree.
If the Constitutional Court upholds Yoon’s impeachment, he will be removed from office, triggering a national election to select a new president within two months. On the other hand, if the court dismisses the impeachment but Yoon remains in jail, it’s uncertain how and when he can resume his presidential responsibilities.
Rallies by both supporters and opponents of Yoon have filled the streets of Seoul and other major cities. Experts warn that the Constitutional Court’s decision is likely to deepen the country’s political divide.
This situation is particularly notable as Yoon is the first South Korean president to be arrested while in office. Although the law provides some immunity for presidents, it does not cover severe charges like rebellion or treason. While a president can declare martial law in emergencies, many believe South Korea was not in such a state when Yoon issued his decree.
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