President Yoon Suk Yeol speaks during the final hearing of his impeachment trial at the Constitutional Court in Seoul, Feb. 25. Courtesy of Constitutional Court

A Seoul court on Friday granted President Yoon Suk Yeol's request to have his arrest warrant revoked, paving the way for his release from detention. Yoon had been arrested in January on insurrection charges related to his brief imposition of martial law in December.

Yoon's release will depend on whether prosecutors decide to appeal. If they waive their right to appeal or do not make a decision within seven days, he will be freed.

The Seoul Central District Court ruled in favor of Yoon's request to have his arrest warrant revoked, which was filed in February. The president's legal team argued that the indictment on Jan. 26 came a day after his detention period had expired and should, therefore, be considered invalid.

The president's lawyers contend that the 33 hours spent during the court's review of the arrest and detention warrants should be included in the overall period of detention. They argue that, with this time accounted for, the legal confinement should have ended at midnight on Jan. 25.

Prosecutors countered, arguing that the time spent on the arrest warrant nullification hearing — filed by Yoon's lawyers — should not be considered part of the detention period, thereby affirming the validity of the indictment.

The court sided with the president, stating that in such cases, detention periods should be counted in hours, not days. It also added that it is appropriate to interpret the law strictly in favor of the accused, in accordance with constitutional principles of personal liberty and noncustodial investigations. It concluded that the indictment was filed after Yoon's detention period had expired.

Yoon, accused of insurrection for his failed martial law declaration that lasted only six hours on Dec. 3 last year, was taken into custody at his residence by the Corruption Investigation Office for High-ranking Officials (CIO) on Jan. 15 and formally arrested on Jan. 19. The case was later transferred to the Central Prosecutors Office, which indicted him on Jan. 26.

Separately, Yoon is undergoing an impeachment trial at the Constitutional Court over his martial law declaration, with a ruling expected this month.

The ruling People Power Party (PPP) welcomed the court's decision.

"Although the ruling was belated, it was reasonable. The court has determined that the CIO's execution of the arrest and detention warrants was unlawful and unjust," PPP floor leader Rep. Kweon Seong-dong said.

"The CIO chief and related officials must be held accountable," he added, expressing confidence that the court's decision to release him will be reflected in the ongoing impeachment trial.

The presidential office said it "looks forward to the president's swift return to duty."

On the other hand, the main opposition Democratic Party of Korea (DPK) demanded that prosecutors immediately appeal.

DPK spokesperson Rep. Han Min-soo called it absurd for what he referred to as the "main suspect of treason" to be released.

"This court decision is completely unrelated to the Constitutional Court's impeachment trial and will not affect the impeachment proceedings," Han told reporters at the National Assembly.