A South Korean court has overturned the arrest warrant for impeached President Yoon Suk-yeol, paving the way for his release from jail, Al Jazeera reports.
Yoon had been detained since mid-January on charges of insurrection related to his brief imposition of martial law.
The Seoul Central District Court granted Yoon’s request, filed last month, arguing that the arrest warrant was illegal.
“It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired,” the court stated in its verdict.
Local media outlets report that Yoon is expected to be released and will now be able to participate in his trial from outside detention.
Seok Dong-hyeon, Yoon’s lawyer, acknowledged that prosecutors still have the option to appeal the court’s ruling.
South Korea’s presidential office released a statement welcoming the court’s decision on Friday, expressing hope that Yoon would be able to return to his duties soon.
Yoon was arrested on January 15 and has been facing insurrection charges stemming from his declaration of martial law weeks prior. Investigators allege that the martial law decree constituted an act of rebellion, which, if convicted, could carry a sentence of death or life imprisonment.
Yoon’s legal team had challenged the validity of the arrest warrant, arguing that the prosecutor’s request for the warrant was procedurally flawed.
Yoon declared martial law on December 3, citing the need to eliminate “antistate” elements, but rescinded the decree six hours later after parliament voted against it. He has maintained that he never intended to fully impose emergency military rule.
Subsequently, the opposition-led parliament impeached Yoon, accusing him of violating his constitutional duty by declaring martial law.
The Constitutional Court is now tasked with determining whether to formally remove Yoon from office or reinstate him. Should the court uphold the impeachment, Yoon will be officially removed from the presidency, and a national election will be held within two months to select his replacement.
Yoon, 64, also faces a separate criminal trial and made history as the first sitting president to be arrested on criminal charges on January 15.
