President Yoon Suk Yeol's Release Confirmed... A New Variable in Impeachment Politics [Comprehensive]

Court Accepts President Yoon's Request to Cancel Detention

Judges "No Concern for Evidence Tampering"

Crime Severity Also Assessed as Low

Yoon Can Immediately Return to Office if Impeachment is Dismissed

The Seoul Central District Court accepted President Yoon Suk Yeol's request to cancel his detention on the 7th. As a result, President Yoon will now face criminal trial for insurrection charges while not in custody, and the possibility of returning to presidential duties has opened depending on the Constitutional Court's impeachment ruling.

The Seoul Central District Court's Criminal Division 25 (Presiding Judge Ji Gwi-yeon), which is handling the trial of President Yoon who was indicted in custody on charges of being the ringleader of an insurrection, decided to accept the request for cancellation of detention filed by President Yoon's side. The court reportedly determined that there was little concern about President Yoon destroying evidence or fleeing.

Previously, the court conducted a hearing on President Yoon's detention cancellation on the 20th of last month and asked the prosecution and the presidential defense team to submit additional opinions within 10 days. Both sides submitted their opinions by the 2nd of this month, and the court reviewed them before making its final decision.

The presidential defense team reportedly submitted opinions twice in total. Through these opinions, they emphasized that President Yoon had no risk of destroying evidence or fleeing, and that the Corruption Investigation Office for High-ranking Officials (CIO) did not have jurisdiction to investigate insurrection charges.

Yoon Gab-geun, the president's attorney, stated after the hearing on the 20th of last month, "The grounds for detention have disappeared, and it is very clear that he is currently in a state of illegal detention, so we expect our presiding judge to make a wise decision."

In contrast, the prosecution expressed opposition to the cancellation of detention in their opinion submitted on the 27th of last month, stating that the indictment was properly carried out before the expiration of the detention period and that there was a possibility the president could persuade case-related persons.

According to legal circles, with this decision, President Yoon will be released from detention and will face criminal trial for insurrection charges while not in custody. Additionally, if the Constitutional Court dismisses the impeachment trial, the legal obstacle to his immediate return to presidential duties has been removed.

When the court reviews grounds for detention, it necessarily considers the severity of the crime, the risk of recidivism, and concerns about harm to victims and important witnesses. A legal expert said, "The fact that the criminal court accepted the cancellation of detention suggests that they likely judged the severity of the insurrection charges to be lower than initially reported," adding, "This decision could be an important signal that may lead to a not guilty verdict in the future criminal trial process."

Another legal expert said, "While accepting the cancellation of detention is not a judgment on the charges themselves, it can be seen as reflecting the court's initial assessment of the credibility of evidence and the degree of suspicion," adding, "If the prosecution fails to present more definitive evidence in the main trial, it could affect the final verdict."

In political circles, there are observations that this detention cancellation decision will act as a last-minute variable in the impeachment situation. The ruling party welcomes it, saying that the justification for the Constitutional Court's dismissal of impeachment and the president's return has been strengthened, while the opposition party strongly opposes it, claiming it damages the independence of the judiciary.

Meanwhile, the Constitutional Court's ruling on President Yoon's impeachment is expected to come as early as mid-month.

Reporter Ran Heo why@hankyung.com