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Revocation of Yoon's arrest won't significantly affect impeachment proceedings: Experts

Published: 07 Mar. 2025, 19:21 Updated: 07 Mar. 2025, 19:23

President Yoon Suk Yeol attends the 10th hearing of his impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Feb. 20. [JOINT PRESS CORPS]

Legal experts say that the Seoul Central District Court’s decision on Friday to “cancel” President Yoon Suk Yeol's arrest will not greatly influence his impeachment trial.

Seoul Central District Court Criminal Division 25 Judge Ji Gui-yeon ruled to cancel Yoon’s arrest on Friday, saying that “careful review” is needed on whether the Corruption Investigation Office for High-ranking Officials’ (CIO) has investigative authority over insurrection charges.

The court said there was a need to “ensure procedural clarity and eliminate doubts” about the investigation's legality, adding that the CIO does not list insurrection as part of its jurisdiction.

“While the CIO argues that it has investigative authority over insurrection due to its connection with the abuse of power charge, there is no evidence or material to suggest that the office discovered the insurrection charge during its abuse of power investigation,” said the court.

Legal experts say that this court ruling will have little impact on the Constitutional Court’s impeachment trial, as no CIO investigation records were admitted as evidence in the proceedings.

The Constitutional Court, unlike the Seoul Central District Court, had not received any investigative records from the CIO as evidence. Although the Constitutional Court requested investigative records from the prosecution and police, it did not make a similar request to the CIO.

A person heads into the Constitutional Court in Jongno District, central Seoul, on March 7. [YONHAP]

Even if the court’s decision leads the Constitutional Court to exclude some investigative records as evidence, some legal scholars argue that direct witness testimonies and other submitted evidence could still support the impeachment case.

“The Constitutional Court is likely already drafting its ruling and will probably not incorporate sensitive issues such as the CIO’s investigative authority,” said Kim Dae-hwan, a University of Seoul Law School professor. “The core issue in this impeachment is the violation of Article 77 of the Constitution, which governs the declaration of martial law.

“The ruling will not rely on legally contentious issues.”

“The impeachment trial is a disciplinary proceeding, whereas a criminal trial involves penal consequences, so their nature and legal standards differ,” said Lee Heon-hwan, former president of the Constitutional Research Institute and a professor at Ajou University Law School. “Even though Yoon’s arrest was canceled in the criminal case, it will have no direct legal impact on the impeachment process.”

Protesters against President Yoon Suk Yeol's impeachment hold up their pickets on March 7 in front of the presidential residence at Yongsan District, central Seoul, as they hear the news of Yoon's arrest being overturned by the court. [YONHAP]

However, Lee said that the cancellation of detention could “intensify” reactions from Yoon’s supporters and escalate political tensions. There is also a possibility that the Constitutional Court may conduct additional reviews to ensure procedural legitimacy.

“Since the court did not rule on whether insurrection actually occurred, its decision will not directly impact the impeachment case,” said Jang Young-soo, a professor at Korea University Law School. “A serious problem could arise if the conclusions of the impeachment trial and the criminal trial contradict each other, and the court’s ruling gives us a glimpse of that possibility.

“The Constitutional Court has prioritized a swift ruling while setting aside procedural controversies, but it would be better to address procedural concerns before moving forward.”

BY CHOI SEO-IN [[email protected]]