South Korea’s impeached conservative president, Yoon Suk Yeol, has been released from prison, a day after a Seoul court cancelled his arrest to allow him to stand trial for insurrection without being detained.
After walking out of a detention centre near Seoul on Saturday, Yoon waved, clenched his fists and bowed deeply to his supporters who were shouting his name and waving South Korean and US flags. Yoon climbed into a black van headed to his presidential residence in the capital.
In a statement distributed by his lawyers, Yoon said that he “appreciates the courage and decision by the Seoul central district court to correct illegality”, in an apparent reference to legal disputes over his arrest. He said he also thanked his supporters and asked those who were on hunger strike against his impeachment to end it.
On Saturday, about 55,000 Yoon supporters rallied in Seoul’s main districts, while 32,500 people demonstrated against him near the constitutional court, Yonhap news agency reported, citing unofficial police estimates.
The public, however, remains largely anti-Yoon, with 60% of respondents saying he should be removed from office and 35% opposing removal, according to a Gallup Korea poll on Friday.
Yoon was arrested and indicted by prosecutors in January over his 3 December martial law decree, which plunged the country into political turmoil. The liberal opposition-controlled National Assembly separately voted to impeach him, leading to his suspension from office.
The constitutional court has been deliberating whether to formally dismiss or reinstate Yoon. If the court upholds his impeachment, a national election will be held to find his successor within two months.
The Seoul central district court said on Friday it accepted Yoon’s request to be released from prison, citing the need to address questions over the legality of the investigations of the president. Yoon’s lawyers have accused the investigative agency that detained him before his formal arrest of lacking legal authority to investigate rebellion charges.
The Seoul court also said the legal period of his formal arrest expired before he was indicted.
Yoon’s release came after prosecutors decided not to appeal against the decision by the Seoul court. South Korean law allows prosecutors to continue to hold a suspect while pursuing an appeal, even after his or her arrest is cancelled by a court.
The main liberal opposition Democratic party, which led Yoon’s 14 December impeachment, lashed out at the prosecutors’ decision, calling them “henchmen” of Yoon, a former prosecutor general. Party spokesperson Cho Seung-rae urged the constitutional court to dismiss Yoon as soon as possible to avoid further public unrest and anxiety.
Investigators have alleged Yoon’s martial-law decree amounted to rebellion. If he is convicted of that offence, he would face the death penalty or life imprisonment. Yoon has presidential immunity from most criminal prosecutions but that does not cover grave charges like rebellion and treason.
Yoon has said he did not intend to maintain martial law for long as he only attempted to inform the public of the danger of the Democratic party, which obstructed his agenda and impeached many senior officials and prosecutors. In his martial law announcement, Yoon called the assembly “a den of criminals” and “anti-state forces”.
South Korea’s conservative-liberal divide is severe and rallies either supporting or denouncing Yoon’s impeachment have divided Seoul streets. Experts say whatever decision the constitutional court makes, the division is certain to worsen.
Reuters and Associated Press contributed to this report