On the 8th, the prosecution issued a release order for President Yoon Suk-yeol. President Yoon was released from the Seoul detention center, where he had been held until now. This was 52 days after he was arrested by the CIO on charges of insurrection leadership. President Yoon's release came after the court made a decision to cancel his detention on the 7th, and the prosecution abandoned its appeal on this day.
After going through the release procedure at the Seoul detention center, President Yoon returned to the presidential residence in Hannam-dong.
Currently, President Yoon is awaiting the Constitutional Court's decision on impeachment. He must also undergo a criminal trial regarding the insurrection leadership charges. With his release on this day, President Yoon is now able to attend the Constitutional Court and the court proceedings without detention.
On this day, the Supreme Public Prosecutors' Office stated to the media, "The Prosecutor General respected the court's decision to cancel the detention and directed the release of President Yoon."
The Supreme Public Prosecutors' Office added, "Considering the principles of constitutionality and the decision made by the past Constitutional Court, which deemed immediate appeals against the court's decisions on bail or suspension of detention unconstitutional, we decided not to file an immediate appeal."
Additionally, the Supreme Public Prosecutors' Office noted, "There was an opinion from the special investigation headquarters that we should rectify this through an immediate appeal against the court's decision to cancel the detention," but added that they directed the legal panel to actively express their opinions to the court that is adjudicating President Yoon's insurrection leadership charges.
Meanwhile, the court provided two main reasons for the decision to cancel President Yoon's detention on the 7th. First, the court judged that "President Yoon was indicted after the detention period had expired." The detention period expired around 9:07 a.m. on January 26, but the prosecution indicted him around 6:52 p.m. on the same day.
The court also determined that "it is advisable to resolve any doubts about the legality of the investigation process and to ensure clarity in the procedures; therefore, it is appropriate to make a decision to cancel the detention."
So far, President Yoon's legal team has argued that "the insurrection charge under the CIO Act is not included in the investigation scope of the CIO, and that the CIO and the prosecution negotiated the detention period without any legal basis." This argument from the defense team was reflected in the court's decision to cancel the detention.
In this regard, the court stated, "There are no clear provisions in the relevant laws, nor are there interpretations or judgments from the Supreme Court; thus, if such controversies are left unresolved and criminal trial procedures are proceeded with, this could lead to grounds for annulment in a higher court, as well as grounds for retrial long after the fact."