On the 7th, the court made a 'release from custody' decision regarding President Yoon Suk-yeol, who is detained and indicted on charges of being the 'leader of rebellion.' If the release from custody is granted, the already issued arrest warrant will lose its effect. However, President Yoon's legal team noted, "Even if there is a court decision for release from custody, it doesn’t mean he will be released immediately." This is because the prosecution can file an immediate appeal against the release decision. If the prosecution does not file an immediate appeal by the 7th, President Yoon will be released.
Previously, President Yoon filed a request for release from custody in court, claiming that the CIO illegally detained him. A decision for release from custody is made when there are no grounds for detention from the beginning or when such grounds have disappeared after being detained.
On that day, the 25th Criminal Division of the Seoul Central District Court (Director General Ji Gwi-yeon) stated that there are grounds for President Yoon's request for release from custody and made the decision. President Yoon filed the request for release from custody on the 4th of last month, and the court held a hearing on the 20th of the same month.
On that day, the court presented two main reasons for the release from custody of President Yoon. The legal team of President Yoon has claimed, "The charge of rebellion under the CIO law is not included in the investigation scope of the CIO, and the CIO and the prosecution have negotiated and used the detention period without any legal grounds." In response, the court stated, "There are no clear regulations in the relevant laws, and there is no interpretation or judgment from the Supreme Court," and judged, "To resolve the doubts regarding the legality of the investigation process and to ensure procedural clarity, it is appropriate to make a release from custody decision." They continued, "If such controversies are left unresolved while proceeding with the criminal trial, there could be grounds for reversal in a higher court, as well as grounds for retrial after a considerable amount of time has passed."
The court also pointed out, "President Yoon was indicted after the expiration of his detention period." The detention period expired on January 26 at around 9:07 a.m., while the prosecution's indictment occurred on the same day at around 6:52 p.m.
In response, lawyer Seok Dong-hyun, part of President Yoon's legal team, stated in a message sent to the media, "Even if there is a court decision for release from custody, it does not mean he will be released immediately," adding, "The prosecutor from the Seoul Central District Prosecutors' Office can file an immediate appeal within 7 days under Article 97, Paragraph 4, and Article 405 of the Criminal Procedure Act, and he will be released if the immediate appeal is waived or not filed during that period."
Currently, President Yoon is awaiting a ruling from the Constitutional Court regarding his impeachment. He also has to undergo a criminal trial regarding the charge of being the 'leader of rebellion.' If the release from custody is confirmed, President Yoon will be able to attend both the Constitutional Court and the court in a non-custodial state.