A South Korean court on Friday canceled the arrest warrant for impeached President Yoon Suk Yeol, who is suspended from official duties, allowing his release from custody.
Yoon had been in detention since Jan. 15 on charges of insurrection—a crime for which a president does not have immunity—following his short-lived martial law declaration on Dec. 3, 2024.
The court also stated that Yoon’s alleged insurrection falls outside the Corruption Investigation Office for High-ranking Officials’ (CIO) jurisdiction, undermining the legality of the investigation process.
Yoon’s legal counsel praised the ruling but said that his release may not be immediate as prosecutors could still appeal. If released, he would be able to stand trial without being physically detained.
The presidential office welcomed the court’s decision, saying that it will “look forward to the president’s swift return to duty.”
The case stemmed from his declaration of martial law on Dec. 3, 2024, which led to the deployment of about 280 troops to the National Assembly. Yoon rescinded the decree six hours after the National Assembly unanimously voted to lift it.
Yoon has since defended the decree, saying that it was meant to protect the country’s democracy and serve as a warning to opposition parties, which he accused of sympathizing with North Korea and paralyzing state affairs by impeaching top officials.
His lawyers then filed complaints with public prosecutors against the CIO, arguing that the execution of the arrest warrant was illegitimate.
“The decree was intended simply to establish the format of martial law and never intended to be executed, nor was it possible to execute it because of the potential for conflict with higher-level laws,” his lawyer, Cha Gi-hwan, told the court.
Yoon denied that he ordered military commanders to remove lawmakers from the parliament building, saying: “If I had obstructed [the vote], I think I wouldn’t have been able to handle the consequences.”
The commanders of military units have disagreed with Yoon’s stance. Kwak Jong-keun, commander of a special forces unit, alleged during a hearing that Yoon had contacted him directly and asked that his troops “quickly destroy the door and drag out the lawmakers who are inside.” Kwak said he did not carry out the order.
Yoon’s martial law decree plunged the country into political turmoil. After Yoon’s impeachment, Prime Minister Han Duck-soo stepped in as acting president only to be impeached two weeks later. Finance Minister Choi Sang-mok has since taken over as acting president.
It will be up to the Constitutional Court to determine whether Yoon should be removed or reinstated as president. A presidential election will be held within 60 days if Yoon is removed from office.
