Kenji Yoshida 
South Korean President Yoon Suk-yeol waves upon his March 8 release from detention. (©Reuters)
On March 8, South Korean President Yoon Suk-yeol was released from detention after spending 52 days in custody.
The embattled leader was arrested on January 15 by the Corruption Investigation Office for High-Ranking Officials on insurrection charges tied to his December 3 martial law declaration.
Yoon's release came a day after the Seoul Central District Court ruled his detention was marred with a procedural error. Prosecutors, given a week to appeal, declined to do so.
"The Prosecutor General has instructed the Special Investigation Headquarters to release President Yoon Suk-yeol, respecting the court's decision," a spokesperson for the Supreme Prosecutors' Office said on Saturday.
This decision adhered to the Constitutional Court's 2012 ruling that immediate appeals against a court's order to release a detainee are unconstitutional.
As he left the facility, Yoon briefly stepped out of his car. He raised a clenched fist in a gesture of triumph before greeting his supporters. The president later exchanged handshakes with well-wishers upon his arrival at his official residence in Yongsan District, Seoul.
What's Next
While the president has been physically freed, he remains constrained by the pending Constitutional Court decision and a criminal trial.
In mid-December, South Korea's parliament impeached Yoon for leading an insurrection through his imposition of martial law earlier that month.
If at least six of the eight Constitutional Court justices uphold the motion, the president will be effectively removed from office. Otherwise, he will be allowed to complete his term. A decision is expected in the coming days, or at the latest, sometime in March.
At the same time, Yoon faces a criminal trial after being indicted by prosecutors on January 26. If convicted of spearheading an insurrection, the defendant could face life imprisonment or even the death penalty.
Given the gravity and the complexity of the case, legal experts predict that it could take years for a court to reach a final decision.
Being released from detention, however, offers the president both mental relief and increased latitude to mount a strong defense. He is now free to move about and consult with his attorney at his discretion.
Opposition Reacts with Warnings
South Korean authorities and courts faced mounting public criticism for imprisoning a sitting president amid a critical trial. In February, the nation's Human Rights Commission issued a recommendation for Yoon's release to ensure the defendant's full right to defense.
Opposition parties, which have for months accused Yoon of inciting insurrection, reacted critically to the prosecution's decision not to appeal.
Democratic Party spokesperson Cho Seung-rae warned that Prosecutor General Shim Woo-jung and his office should "prepare to face the harsh judgment of the people" for allowing Yoon to walk free.
The Democratic Party-led opposition coalition also held a roundtable meeting on March 9 to demand the immediate resignation of Shim. "If he does not resign, we will push for his impeachment," they stated.
Should such a motion proceed, the prosecutor general would become the 30th individual targeted for opposition-led impeachment since Yoon's inauguration in May 2022.
Legality of the CIO Investigation In Focus
As with opposition parties, legal experts widely believe the court's recent decision is unlikely to have any bearing on the Constitutional Court's ruling.
However, some experts challenge this belief, noting that the court's decision was based on more than just a procedural flaw.
The court on Friday said that the legality of the CIO's investigation into Yoon on insurrection charges remains an unresolved issue that must be addressed.
Under its guidelines, the agency holds neither the investigative nor prosecutorial authority to charge a president with insurrection. In its defense, the CIO argues that it has the right to probe the president for abuse of power, claiming that insurrection is an extension of that charge.
Yoon's lawyers assert that a sitting president is shielded from criminal prosecution, barring charges of insurrection or inciting foreign aggression. They argue that the CIO's rationale is both legally unsound and constitutes prosecutorial overreach.
Should future courts rule that the CIO overstepped its authority, their investigation could be deemed invalid. Lacking prosecutorial power, the agency had earlier transferred its files to the prosecution. This could potentially render such records — intended for use as evidence in the Constitutional Court — inadmissible.
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Author: Kenji Yoshida
