The decision by the Seoul Central District Court paves the way for the release of suspended leaders from prison.
South Korean courts have each fired arrest warrant for President Yoon Sook-Yeol and paved the way for release from prison after being detained for imposing martial law.
The suspended president filed a request last month at Seoul Central District Court, complaining that the arrest warrant issued against him was illegal.
“It is reasonable to conclude that the charges were filed after the defendant’s period of detention expired,” a document from the Seoul Central District Court said.
“It would be appropriate to issue a decision to cancel detention to ensure procedural clarity regarding the legality of the investigation process and to eliminate any suspicion,” the court added Friday.
Yoon’s lawyers and his office welcomed the district court’s decision, saying they had shown that the case against Yoon was pursued for political purposes without legal justification.
“The court’s decision to cancel the arrest showed that the country’s rule of law is still alive,” Yun’s lawyer said in a statement.
However, they added that cancelling his arrest does not necessarily mean that he will be released soon.
“Even if the court decides to cancel the detention, the defendant will not be released immediately,” said Yoon’s lawyer Seok Dong Ha-ion. “The defendant will only be released if the prosecutor waives his right to appeal or fails to file an appeal within the prescribed period.”
Opposition Democrats have condemned the court’s decision.
“The prosecutors must appeal immediately to ensure a ruling that matches the sense of justice of the people,” said Park Chang-dae, floor leader of the opposition party.
Rebellion
The suspended president was arrested in mid-January on suspicion of rebellion against a short levies of martial law several weeks ago.
“Yoon has been held for more than 50 days at a detention facility south of Seoul since his arrest in mid-January,” said Rob McBride of Al Jazeera, who reports from the South Korean capital.
“That remains a question [Yoon] It will be released later this Friday. This is an expectation. Or whether the prosecutor in this case appeals against it, if so, the detention will continue,” he added.
Investigators allege that Yoon’s martial law order amounted to a rebellion. If he is convicted of the crime, he will face death or life sentence.
Yoon’s lawyers alleged that a warrant issued on January 19 left him in custody because the demand submitted by the prosecutor was procedurally flawed.
Yoon declared martial law on December 3, saying that the “anti-star” element should be eradicated, but lifted the order six hours after Congress voted to reject it. He said he would not impose any emergency military rules entirely.
A few weeks later, he was fired each by an opposition-led parliament on charges that he had violated his constitutional obligations by declaring martial law.
Now it’s up to the Constitutional Court to decide whether to formally end Yoon’s presidency or to revive him. If the Constitutional Court upheld the perpetrator, he will be officially kicked out of his profession and within two months a national election will be held to select his successor.
Yun, 64, also faces another criminal trial, becoming the first president to be arrested on January 15th in criminal charges.
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