
President Yoon Suk Yeol, front row second from left, waves to cheering supporters outside Seoul Detention Center in Uiwang, Gyeonggi Province, Saturday, following his release. Yonhap
President Yoon Suk Yeol walked free from Seoul Detention Center on Saturday, greeting his cheering supporters with tears in his eyes. He was released after 52 days in prison, following the court's decision to cancel his arrest warrant on technical grounds.
Despite his release, Yoon's status remains unchanged. He has been suspended from presidential duties since the National Assembly approved a bill to impeach him, a decision that still stands. He is also facing two trials: one a criminal case on insurrection charges related to his Dec. 3 martial law declaration, and the other a Constitutional Court ruling on his impeachment, with a verdict expected later this month. Initially, it was speculated that the court would rule on the impeachment case by mid-March after concluding its final hearing in late February. However, sources familiar with the case indicate that the ruling may take longer than expected.
The Seoul Central District Court's decision to cancel the prosecution's arrest warrant is a significant embarrassment for law enforcement agencies. The investigation into Yoon's case was hindered by what appeared to be fierce competition among the prosecution, the Corruption Investigation Office for High-ranking Officials (CIO) and the police.
By law, the police have jurisdiction over insurrection cases, but they were sidelined as the CIO and prosecution clashed over ultimate control of the high-profile investigation. A political compromise eventually placed the CIO in charge of the investigation, with the case later transferred to the prosecution for the indictment. This arrangement was problematic, as the CIO, despite its superior status, allegedly lacks the authority to indict. The politically motivated process appears to have caused confusion among prosecutors regarding the legal detention period.
Under the law, prosecutors can detain a suspect for 10 days while gathering evidence, with the option to extend the period by another 10 days with court approval. However, the court found that prosecutors miscalculated, indicting Yoon nearly 10 hours after the legal deadline had passed — a glaring procedural error that sparked controversy.
The court's ruling exposed a fundamental flaw in the legal process. It noted that no existing laws or clauses grant the CIO jurisdiction over insurrection cases. As a result, the CIO's detention warrant for Yoon was deemed invalid and subsequently canceled. This decision is based on the legal principle of "in dubio pro reo" (when in doubt, rule for the accused), which prevents conviction when uncertainty exists regarding the facts of the case.
Law enforcement agencies prioritized their own interests over legal procedures, leading to the derailment of the investigation into the president.
The timing of Yoon's release has also sparked controversy. He was freed 28 hours after the court ordered his release — a highly unusual delay, as most defendants are released immediately or within a few hours of such an order. Reports suggest that an internal dispute within the prosecution contributed to the delay. Prosecutor-General Shim Woo-jung and his senior deputies clashed with investigators, who pushed for an appeal against the court's decision. However, Shim was reportedly reluctant, knowing that such an appeal would contradict a 2012 Constitutional Court ruling deeming it unconstitutional. This internal deadlock stalled Yoon's release, leaving the prosecution open to accusations of unlawfully detaining him for more than a day.
As expected, the court's decision has triggered mixed reactions from political parties. The ruling People Power Party welcomed the verdict, calling it a long-overdue return to justice. Meanwhile, the main opposition Democratic Party of Korea (DPK) strongly criticized the prosecution for not appealing the ruling. "The prosecution has committed an unforgivable sin. Prosecutor-General Shim Woo-jung will pay the price," DPK floor leader Park Chan-dae said.
The DPK's inflammatory response is inappropriate. Court rulings must be respected, regardless of political stance. With Yoon still facing two ongoing trials, the focus should now be on due process rather than political rhetoric.