San Francisco Frontiers - Impeached South Korea president still in detention despite court order

Yoon's lawyers filed a request to cancel his arrest warrant last month, arguing his detention was unlawful because the prosecution had waited too long to indict him.

"It is reasonable to conclude that the indictment was filed after the defendant's detention period had expired," said a document from the Seoul Central District Court.

"To ensure procedural clarity and eliminate any doubts regarding the legality of the investigative process, it would be appropriate to issue a decision to cancel the detention," the court added.

The president was impeached and detained for his December 3 declaration of martial law.

But his lawyers said the cancellation of his arrest does not necessarily mean that he will be released straight away.

"Even if the court decides to cancel the detention, the defendant is not immediately released," Yoon's lawyer, Seok Dong-hyeon, said Friday.

"The defendant will be released only if the prosecutor waives the right to appeal, or does not file an appeal within the prescribed period".

Prosecutors did not immediately respond to a request for comment from AFP.

The opposition Democratic Party slammed the court decision.

"The prosecution must immediately appeal, to ensure a ruling that aligns with the public's sense of justice," said opposition party floor leader Park Chan-dae.

- 'A welcome decision' -

Yoon, a former prosecutor, plunged democratic South Korea into turmoil in December by briefly suspending civilian rule and sending soldiers into parliament.

He has been charged with insurrection for his martial law declaration, which lawmakers voted down within hours before impeaching him.

The 64-year-old resisted arrest for two weeks, in a tense standoff between his security team and investigators at his official residence in Seoul. He was finally taken into custody on January 15.

He also faces an impeachment trial at the Constitutional Court, which will determine whether his removal from office is upheld.

The hearings for that case wrapped up last week, with the court's eight judges to decide Yoon's fate behind closed doors. A verdict is expected in mid-March.

South Korea must hold a fresh presidential election within 60 days if Yoon is removed.

Lawmakers at Yoon's ruling People Power Party (PPP) hailed the court's decision Friday.

"Although overdue, this is a very welcome decision," said MP Kwon Young-se.

"The arrest itself raised numerous concerns, when considering the investigative process that led to it," said Kwon.

"This is a crucial moment that reaffirms the rule of law and justice in South Korea," he added.

Overjoyed supporters quickly gathered in front of Yoon's house, waving Korean and US flags.

AFP reporters also saw at least 100 supporters in front of the detention centre where Yoon is being held, chanting "dismiss the impeachment" and "for the president we voted".

The court decision on Yoon's detention is "entirely unrelated" to the ongoing impeachment trial, the opposition party spokesperson Han Min-soo said.

Friday's ruling "will not affect the proceedings" regarding Yoon's formal removal from office by the Constitutional Court, Han added.

Much of the impeachment trial has centred on whether Yoon violated the constitution by declaring martial law, which is reserved for national emergencies or times of war.

The opposition has accused him of taking the extraordinary measure without proper justification.

Yoon's lawyers have said he declared martial law to alert the country to the dangers of "legislative dictatorship" by the opposition.

Z.Phillips--SFF