SEOUL, South Korea — A South Korean court ruled Friday that the detention of impeached President Yoon Suk Yeol was unjustified, paving the way for his release from custody even as he faces trial on insurrection charges over his failed attempt to declare martial law.
Yoon, 64, will not be released immediately, his lawyers said, as prosecutors have seven days to appeal the ruling. The prosecutors' office did not immediately comment.
Yoon has been in custody since his arrest Jan. 15, when he became the first sitting president of South Korea to be detained on criminal charges. A previous effort to arrest him failed after an hourslong standoff at Yoon’s official residence in Seoul between his security service and authorities.
South Korea, one of the most vibrant democracies in Asia and a key U.S. ally, has been in political turmoil since Dec. 3 when Yoon, citing “anti-state forces,” declared martial law before rescinding the order six hours later after lawmakers voted to reject it.
Lawyers for Yoon have been pressing for his release, arguing that a second arrest warrant seeking to extend his detention after an initial period of 48 hours was illegal due to procedural issues.
The Seoul Central District Court said it was canceling that Jan. 19 warrant because it was filed after the expiration of the 48-hour period. It also cited legal issues with the investigation, which involves two separate agencies.
Suk Dong-hyun, a lawyer for Yoon, said the ruling “affirms that the rule of law is still alive in this country.”
The presidential office welcomed the decision, saying the Corruption Investigation Office for High-Ranking Officials, which is leading the joint inquiry, had “conducted an unlawful, performative investigation despite lacking jurisdiction.”
Yoon’s conservative People Power Party also hailed the cancellation of his detention.
“This is justice served,” chief spokesperson Shin Dong-wook said in a statement. “Though delayed, it was a decision that had to be made.”
Yoon’s opponents urged prosecutors to appeal the ruling. The leftist NGO People’s Solidarity for Participatory Democracy, which has been leading candlelight vigils in support of Yoon’s impeachment, said the ruling was based solely on procedural issues and “does not, in any way, mean that Yoon Suk-yeol is innocent of insurrection.”
If released, Yoon would return to the presidential residence for the duration of his insurrection trial, as well as a trial to determine whether to uphold his December impeachment by lawmakers.
During the impeachment trial, Yoon said he used the martial law decree only to break political deadlock with the opposition-controlled legislature and denied ordering military commanders to drag lawmakers out of parliament.
A ruling by the Constitutional Court is expected later this month.
Prosecutors have also been seeking to arrest members of the presidential security service who blocked authorities from executing the arrest warrant for Yoon, citing their duty to protect the president no matter the circumstances.
Lawyers for Yoon have said warrants for security service members would also be invalid.
Separately, South Korean media reported Friday that a Yoon supporter in his 80s had set himself on fire on the roof of an exhibition hall in Seoul. He was reportedly carrying fliers bearing the slogan “Long Live President Yoon!” Officials said he was hospitalized in critical condition.
Stella Kim reported from Seoul, and Jennifer Jett reported from Hong Kong.
