A South Korean court has cancelled President Yoon Suk Yeol’s detention warrant, paving the way for his potential release after being held since mid-January on charges of leading an insurrection relating to his failed attempt to impose martial law in December.
The Seoul central district court accepted Yoon’s petition to cancel his custody in a ruling delivered on Friday, though the president still faces the serious criminal charges that could result in life imprisonment or even the death penalty if convicted.
Ahead of his potential return, police and Yoon supporters were seen gathering around the presidential residence in the capital.
Yoon has been detained in Seoul detention centre since 15 January, when investigators dramatically executed an arrest warrant after an initial failed attempt that saw presidential security forces block police from entering his residence.
In a statement, Yoon’s legal team welcomed the court’s decision as confirming “that the rule of law is still alive in this country” and demanded that “prosecutors should immediately order the president’s release”. His team argued that keeping him detained during the seven-day period in which prosecutors can appeal would be unconstitutional.
On Friday, the court ruled that prosecutors had indicted Yoon after his legal detention period had expired, calculating that the 10-day detention limit had passed when counting actual hours rather than full days.
The court also cited procedural errors, including how the corruption investigation office and prosecutors improperly divided the detention period between them without legal basis and failed to follow proper transfer procedures.
The criminal case against Yoon will continue regardless of his release from detention.
Yoon was arrested after declaring martial law on 3 December and deploying troops to the National Assembly, claiming he needed to counter “anti-state forces” and investigate alleged election fraud. The military deployment lasted only hours before parliament voted to overturn the declaration.
He has been accused of leading an insurrection, one of only two crimes for which sitting presidents do not enjoy immunity from prosecution under South Korean law.
Separately from the criminal proceedings, the constitutional court is expected to rule as soon as next week on whether to uphold Yoon’s December impeachment by the country’s national assembly.
If upheld, this would permanently remove him from office and trigger a snap election within 60 days. If rejected, Yoon could potentially return to his presidential duties despite still facing criminal charges.
