Court orders South Korean President Yoon released from jail for his criminal trial over martial law

A TV screen shows footage of impeached South Korean President Yoon Suk Yeol’s address at the final hearing of his trial during a news program at a bus terminal in Seoul, South Korea, Tuesday, Feb. 25, 2025. (AP Photo/Ahn Young-joo)

SEOUL, South Korea March 7, 2025 (AP) — A South Korean court on Friday ordered impeached President Yoon Suk Yeol to be released from jail, more than a month after he was arrested and indicted over his short-lived imposition of martial law.

The decision by the Seoul Central District Court would allow Yoon stand trial while not being physically detained. The hearings in his impeachment trial concluded in late February and the court is expected to rule soon on whether to formally remove him from office or reinstate him.

The Seoul Central District Court said it accepted Yoon’s request to be released from jail because the legal period of his formal arrest expired before he was indicted in late January. The court said the investigative agency that detained Yoon before his formal arrest didn’t have legal rights to investigate the criminal rebellion charges.

Yoon’s defense team welcomed the court’s decision and urged prosecutors to release him immediately.

However, South Korea law allows prosecutors to hold a suspect temporarily while they pursue an appeal.

Investigators have alleged that the martial-law decree amounted to rebellion. If he’s convicted of that offense, he would face the death penalty or life imprisonment.

Yoon’s martial law decree, which involved the dispatch of troops to the National Assembly, evoked traumatic memories of past military rules among many South Koreans. The decree lasted only six hours as enough lawmakers managed to get into an assembly hall and voted to overturn it unanimously. Yoon later argued his decree was only meant to inform the people of the danger of the main liberal opposition Democratic Party, which undermined his agenda and impeached top officials.

If the Constitutional Court upholds Yoon’s impeachment, he will be officially thrown out of office and a national election will be held to choose his successor within two months.

Massive rallies by opponents and supporters of Yoon have filled the streets of Seoul and other major South Korean cities. Whatever the Constitutional Court decides, experts say it will likely further polarize the country and intensify its conservative-liberal divide.

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