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The Seoul Central District Court ordered the release of South Korean President Yoon Suk Yeol from detention on Friday, citing procedural violations by prosecutors during Yoon’s arrest. This ruling allows President Yoon to await his impeachment trial and criminal proceedings from home. Still, the court did not dismiss the charges of insurrection stemming from the president’s December 2024 declaration of martial law.
While giving its decision, the court found that prosecutors exceeded the legally permitted detention period before indicting President Yoon on January 26. South Korean laws mandate that suspects be indicted within a time period of 20 days of arrest; however, the prosecutors indicted him 11 days later on the insurrection charges, raising concerns over due process. The court emphasized the need to “ensure procedural clarity and eliminate doubts regarding the legality of the investigation process,” according to CNN.
President Yoon’s legal team contested the jurisdiction of the Corruption Investigation Office for High-Ranking Officials (CIO) over the case, as the crime of insurrection is not included within the CIO’s investigative jurisdiction. The court, however, stated that the question of jurisdiction is unclear due to a lack of legal precedence for any of the previous rulings of the Supreme Court.
The ruling by the court intensified South Korea’s political crisis, which began when President Yoon imposed martial law on December 3, 2024, accusing the opposition-controlled National Assembly of obstructing governance. The martial law lasted for only six hours, as lawmakers rejected the decree soon after and impeached Yoon on December 14, suspending his presidential powers. The constitutional court will decide whether to uphold President Yoon’s impeachment.
Opposition leader Lee Jae-Myung has condemned the release, calling it a mere procedural oversight; according to CNN he stated:
President Yoon’s case marks the first time a sitting South Korean president has faced criminal charges. His indictment included allegations of abuse of power and attempting to subvert constitutional order. If the court rules in favour of impeachment and President Yoon is convicted, he could face life imprisonment under Article 87 of the Korean Criminal Act.
The post South Korea court orders release of impeached President Yoon appeared first on JURIST - News.
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While giving its decision, the court found that prosecutors exceeded the legally permitted detention period before indicting President Yoon on January 26. South Korean laws mandate that suspects be indicted within a time period of 20 days of arrest; however, the prosecutors indicted him 11 days later on the insurrection charges, raising concerns over due process. The court emphasized the need to “ensure procedural clarity and eliminate doubts regarding the legality of the investigation process,” according to CNN.
President Yoon’s legal team contested the jurisdiction of the Corruption Investigation Office for High-Ranking Officials (CIO) over the case, as the crime of insurrection is not included within the CIO’s investigative jurisdiction. The court, however, stated that the question of jurisdiction is unclear due to a lack of legal precedence for any of the previous rulings of the Supreme Court.
The ruling by the court intensified South Korea’s political crisis, which began when President Yoon imposed martial law on December 3, 2024, accusing the opposition-controlled National Assembly of obstructing governance. The martial law lasted for only six hours, as lawmakers rejected the decree soon after and impeached Yoon on December 14, suspending his presidential powers. The constitutional court will decide whether to uphold President Yoon’s impeachment.
Opposition leader Lee Jae-Myung has condemned the release, calling it a mere procedural oversight; according to CNN he stated:
On the other hand, Yoon’s People Power Party chair Kwon Youn-se welcomed the court’s ruling, calling it a critical moment confirming that the rule of law and justice in South Korea is alive.
President Yoon’s case marks the first time a sitting South Korean president has faced criminal charges. His indictment included allegations of abuse of power and attempting to subvert constitutional order. If the court rules in favour of impeachment and President Yoon is convicted, he could face life imprisonment under Article 87 of the Korean Criminal Act.
The post South Korea court orders release of impeached President Yoon appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.