Former President Yoon Suk-yeol will have a hearing for his detention review filed with the court, claiming that the arrest warrant from the special prosecution for rebellion is illegal and unjust. Yoon is expected to attend the hearing in person on the 18th. A decision on his release could be made as early as that day.
The Criminal Division 9-2 of the Seoul Central District Court (Presiding Judges Ryu Chang-seong, Jung Hye-won, and Choi Bo-won) will hold the hearing for Yoon's detention review in private starting at 10:15 a.m. on that day.
Earlier, on the 16th, Yoon noted, 'I will specifically clarify the illegality and injustice of the detention in court,' and requested a detention review at the Seoul Central District Court. A detention review is a procedure in which the legality of the detention and the necessity of continued custody of the suspect are examined and judged by the court. The court assigns a competent trial bench, which must conduct a hearing and an investigation of evidence within 48 hours of receiving the request.
Yoon has been re-arrested and is currently at the Seoul Detention Center on charges of abuse of power, fabrication of false public documents, and obstruction of special public duty. The presiding Judge Nam Se-jin of the Seoul Central District Court issued an arrest warrant for Yoon, citing a 'risk of evidence destruction.'
After his arrest, Yoon did not respond to three summons notices from the special prosecution regarding the rebellion. The special prosecution attempted forced summons through the Seoul Detention Center twice but failed. On the 16th, at the request of the Ministry of Justice, Deputy Director Park Eok-soo and one staff member went to the detention center to direct the third summons; however, that effort was thwarted when Yoon filed for a detention review on the same day. Yoon also did not appear for two criminal trials related to the rebellion charges.
However, Yoon is expected to attend the detention review hearing in person on that day. Yoon's legal representatives noted on the 17th that he would appear at the hearing, stating, 'This is an unavoidable decision to directly appeal to the court regarding his significantly deteriorating health condition, separate from any disputes regarding the substantive charges.' They added, 'Yoon regularly takes medication for diabetes and high blood pressure, but his condition has worsened, making it difficult for him to even climb the stairs to the visiting room in the detention center due to dizziness.'
On that day, Yoon's side is expected to demand release by citing the substantive and procedural illegality and injustice of the special prosecution's detention, the unconstitutionality of the special prosecution law, and Yoon's deteriorating health. Conversely, the special prosecution is anticipated to argue for the continuation of detention, maintaining that there were no procedural or substantive flaws in the detention process, along with the claim that Yoon delayed the investigation by repeatedly refusing to comply with summons, the necessity of investigating foreign exchange-related allegations, and concerns about evidence destruction.
The decision regarding Yoon's release is expected to be made as early as that day or early the next day (19th) after the hearing concludes. After the hearing, the court will determine whether to release Yoon by assessing the legal requirements and procedural violations for detention, the risk of evidence destruction, and the possibility of flight.
If the court accepts the request for review, Yoon will be released from the Seoul Detention Center and will undergo the investigation and trial while not in custody. If the request is denied, his custody status will remain.