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.
“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.
But his lawyers said the cancellation of his arrest does not necessarily mean that he will be released straight away.
“The defendant will be released only if the prosecutor waives the right to appeal, or does not file an appeal within the prescribed period”.
The opposition Democratic Party slammed the court decision.
‘A welcome decision’
He has been charged with insurrection for his martial law declaration, which lawmakers voted down within hours before impeaching him.
He also faces an impeachment trial at the Constitutional Court, which will determine whether his removal from office is upheld.
South Korea must hold a fresh presidential election within 60 days if Yoon is removed.
“Although overdue, this is a very welcome decision,“ said MP Kwon Young-se.
“This is a crucial moment that reaffirms the rule of law and justice in South Korea,“ he added.
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”.
Friday’s ruling “will not affect the proceedings” regarding Yoon’s formal removal from office by the Constitutional Court, Han added.
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.
Read More Details
Finally We wish PressBee provided you with enough information of ( Impeached South Korea president still in detention despite court order )
Also on site :