Star Metro - Impeached South Korean 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 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 cancellation, however, may not mean his immediate release, said lawyers for the president, who has been impeached and detained over his December 3 declaration of martial law.

"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," said Seok.

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

'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, but 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 set to convene behind closed doors to decide Yoon's fate.

A verdict is expected in mid-March and 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 American flags.

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.

K.Morrison--SMC