Korean President Yoon released from custody after 52 days

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Korean President Yoon released from custody after 52 days

Published: 08 Mar. 2025, 18:25 Updated: 09 Mar. 2025, 18:24

MICHAEL LEE
[email protected]

Audio report: written by reporters, read by AI

President Yoon Suk Yeol greets supporters as he arrives in front of the presidential residence in Hannam-dong, Yongsan District, central Seoul, on March 8. He was released from the Seoul Detention Center in Uiwang, Gyeonggi, 52 days after he was first taken into custody. [NEWS1]

Impeached President Yoon Suk Yeol was released from custody on Saturday after prosecutors waived their right to appeal the previous day’s decision by the Seoul Central District Court revoking his detention on technical grounds.

Yoon departed the Seoul Detention Center in Uiwang, Gyeonggi, at around 6 p.m., 52 days after he was first taken into custody by the Corruption Investigation Office for High-ranking Officials (CIO) and 40 days after he was indicted by prosecutors on insurrection charges related to his Dec. 3 declaration of martial law.

As he left the facility, he briefly stepped outside his car to wave a triumphant fist and greet supporters who had gathered outside in anticipation of his release.

He also shook hands with supporters upon his arrival at his official residence in Hannam-dong in Yongsan District, central Seoul.

The impeached president struck a defiant tone in a statement issued after his release, where he called his legal battles “a fight to defend freedom and rule of law in Korea” and a “struggle against those who want to usurp power by illegal means.”

He thanked the Seoul Central District Court for “correcting the illegalities” of his arrest and his supporters for standing by him.

He further promised to “endure in this fight to the end” and expressed hope that “others imprisoned in connection with [his] arrest are released soon.”

Though prosecutors had a week to contest the court’s ruling, which found they had held Yoon in custody longer than legally allowed before indicting him, they instead decided to release him.

Legal observers had already expected the prosecution to forego an appeal in light of a Constitutional Court ruling in 2012 against prosecutors for immediately contesting a court order that revoked a suspect’s arrest.

However, Yoon’s release does not mean he is off the hook for prosecution on insurrection charges.

The Seoul Central District Court’s decision only means he can remain free while standing trial.

Likewise, the ruling does not affect the Constitutional Court’s upcoming decision regarding his impeachment, which is likely to be announced next week.

According to local media, the Supreme Prosecutors’ Office decided to abide by Friday’s ruling in a late-night meeting the same day that was overseen by Prosecutor General Shim Woo-jung.

However, Yoon’s release was reportedly held up by opposition from the agency’s special investigative team, which is in charge of his case.

President Yoon Suk Yeol greets supporters outside the Seoul Detention Center in Uiwang, Gyeonggi, on March 8 after his release. [YONHAP]

The Seoul Central District Court approved Yoon’s request to cancel his arrest, which he had filed on Feb. 4, after determining that prosecutors had indicted Yoon beyond the end of his legal detention period.
Under Korean law, a suspect must be freed from custody if prosecutors fail to file an indictment before their arrest warrant expires.

In a twist, the court determined the legal duration of Yoon’s detention should be calculated in hours, not calendar days, as prosecutors had argued was usually the case.

Yoon was taken into custody by the CIO at 10:33 a.m. on Jan. 15, and his detention was originally due to end at midnight on Jan. 24.

The Seoul Western District Court issued a formal arrest warrant against him at 2:53 a.m. on Jan 19, 33 hours and 7 minutes after it received the CIO’s investigation records for review on Jan. 17.

According to the Seoul Central District Court, this delay extended Yoon’s detention to 9:07 a.m. on Jan. 26. However, prosecutors only filed their indictment at 6:52 p.m. the same day.

The CIO has disputed the court’s ruling, arguing that the initial 10-day custody period was extended to Jan. 27 by Yoon’s Jan. 16 challenge against the agency’s right to detain him and the length of his warrant review.

Both the CIO and prosecution argued that extensions of Yoon’s detention period should be calculated by days, not hours.

The court’s decision was based on a strict interpretation of the Criminal Procedure Act that favors defendants when infringements of their rights may have occurred.

Democratic Party chief Lee Jae-myung, center right, joins leaders of other minor opposition parties at a rally calling for President Yoon Suk Yeol’s impeachment near Anguk Station, central Seoul, on March 8, after Yoon was released from custody. [YONHAP]

Supporters of President Yoon Suk Yeol wave Korean and American flags at a rally in Gwanghwamun Square in downtown Seoul. [NEWS1]

In its ruling, the Seoul Central District Court also accepted arguments by Yoon’s lawyers that the official grounds for detaining him no longer exist.

The court further questioned whether the CIO has the authority to investigate the president on insurrection charges.

Legal experts say the revocation of Yoon’s arrest is unlikely to influence the outcome of his impeachment trial.

Prosecutors have said they intend to win the criminal trial against Yoon, regardless of his release.

Nonetheless, they were accused by the liberal Democratic Party (DP) of acting as Yoon’s “lackeys.”

DP spokesperson Cho Seung-rae said Prosecutor General Shim and his agency should “prepare to face the harsh judgment of the people” for allowing Yoon to walk out of jail.

Cho also criticized Yoon for his “shameless attitude” and said his release would “not shake” the outcome of his impeachment proceedings “in the slightest.”

BY MICHAEL LEE [[email protected]]