Yoon's release raises mixed expectations for impeachment trial

President Yoon Suk Yeol waves to supporters as he leaves Seoul Detention Center in Uiwang, Gyeonggi Province, Saturday, after a court revoked his detention. Newsis

President Yoon Suk Yeol waves to supporters as he leaves Seoul Detention Center in Uiwang, Gyeonggi Province, Saturday, after a court revoked his detention. Newsis

After court finds detention invalid, opposition party downplays its potential impact
By Jung Min-ho

As President Yoon Suk Yeol was released from detention on Saturday following a court decision, all attention is now channeled into how the release will affect the impeachment trial on his Dec. 3 martial law declaration, as any influence could add further complications.

The ruling People Power Party (PPP) and Yoon's legal defense team hailed the decision as “confirmation” that there were serious violations of procedural rules throughout the investigation process, with some calling on the Constitutional Court to “correct” its own such violations before issuing a verdict on whether to formally oust the president from office.

On the other hand, the main opposition Democratic Party of Korea (DPK) played down its significance, claiming that the ruling will have “no impact” on the impeachment trial and that any procedural flaws will not reverse the fact that his martial law imposition was unconstitutional.

On Friday, the Seoul Central District Court said it approved Yoon's request for release after determining that the prosecution's Jan. 26 indictment of him on insurrection charges, which allowed his arrest to be extended, had come hours after the 10-day initial detention period had already expired. It did not accept the prosecution's usual way of calculating the duration of detention.

The court also said it is unclear whether the Corruption Investigation Office for High-ranking Officials, which led insurrection investigations against Yoon, had the legitimacy to do so, given that insurrection is not among those offenses the agency clearly has the power to investigate under the current law.

The PPP said the court ruling holds a message for justices at the Constitutional Court to heed, accusing them of having violated many procedural rules, including their decision to accept the prosecution's investigation reports as evidence against Yoon in his impeachment trial.

“The ruling on the impeachment trial is final and irreversible. Therefore, stricter procedural adherence should be required than criminal trials,” Park Min-young, a PPP spokesman, said in a statement on Sunday. “If the Constitutional Court pushes the case hurriedly [to formally oust the president] and if Yoon is found not guilty of insurrection charges later, the Constitutional Court would face a strong backlash it cannot handle.”

The Constitutional Court is expected to make a ruling within this month, after the final hearing was held on Feb. 25.

Rep. Lee Jae-myung, front left, chairman of the main opposition Democratic Party of Korea, holds a rally with other members of his party at the National Assembly in Seoul, Sunday, after President Yoon Suk Yeol was released from detention the previous day. Newsis

Rep. Lee Jae-myung, front left, chairman of the main opposition Democratic Party of Korea, holds a rally with other members of his party at the National Assembly in Seoul, Sunday, after President Yoon Suk Yeol was released from detention the previous day. Newsis

The DPK dismissed such claims as ridiculous.

“His release will not affect the impeachment trial. If anything, it has only strengthened the case for the Constitutional Court to act more quickly and decisively to issue its ruling on the case in order to reduce social confusion,” Rep. Han Min-soo, a DPK spokesman, said.

This statement comes two days after Rep. Lee Jae-myung, the DPK chairman, told reporters that Yoon's release, “caused by the prosecution's basic math error, would not erase his apparent attempt to violate the Constitution with martial law.”

Also, the party demanded Prosecutor-General Shim Woo-jung step down over the decision not to appeal the district court's decision to release Yoon, saying they would seek his impeachment if he refuses to resign immediately.

As Yoon walked out of a detention center in Uiwang, Gyeonggi Province, Saturday evening, he smiled and waved to supporters gathered outside the facility. He then returned to his presidential residence in central Seoul's Hannam-dong, where he had dinner with his wife Kim Keon Hee, presidential chief of staff Chung Jin-suk and several others after 52 days of incarceration.

In a statement delivered shortly after his release, Yoon expressed appreciation for the court's “courageous” decision and thanked his supporters. He also defended his decision to declare martial law, which led to criminal investigations and his impeachment by the National Assembly.

“There are officials who are suffering hardships now for carrying out the president's orders, guaranteed by the Constitution,” Yoon said of the decision to impose martial law. “I pray for their speedy release and good health.”

Presidential officials said Yoon would wait patiently for the Constitutional Court's verdict while refraining from public activities.

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