The decision to cancel President Yoon Suk Yeol’s arrest, who is suspected of leading the rebellion, is thought to be imminent. The court is expected to make a judgment as early as Monday.
Legal sources reported that the 25th Division of the Criminal Agreement of the Seoul Central District Court (Chief Judge Ji Kwi Yeon) is reviewing the request for cancellation of arrest filed by Yoon’s legal team on February 4.
On February 4, Yoon’s legal team submitted a request to cancel his arrest, arguing that he was being illegally detained after being indicted after the arrest period expired.
Under the Code of Criminal Procedure, if there are no grounds for arrest or if such grounds have expired, the court can cancel the arrest on its initiative or upon requests from the prosecutor, defendant, or defense attorney.
The court must decide on the cancellation within seven days of receiving the request. Consequently, the court should make its judgment by Tuesday at the latest.
Yoon’s legal team filed the cancellation request and submitted legal opinions on February 5th and 7th. These documents argued that the prosecution indicted him after the arrest period had expired, leaving no grounds for continued detention. They also claimed there was no risk of destroying evidence and that initial statements from those involved in martial law were either false or manipulated.
Yoon’s team had earlier urged his release, claiming that the arrest period expired at midnight on January 25. This calculation was based on deducting the time the court spent reviewing documents and evidence for his arrest and warrant review, making a decision, and returning materials to the prosecutor’s office. However, the prosecution indicted Yoon on January 26.
Yoon is accused of conspiring with former Defense Minister Kim Yong Hyun and others to incite a rebellion to disrupt constitutional order by declaring an unconstitutional and illegal martial law despite the absence of war or a similar national emergency.
During this process, he reportedly mobilized military and police forces to blockade the National Assembly and obstruct the resolution to lift the martial law. There are also indications that he attempted to arrest and detain key figures, including National Assembly Speaker Woo Won Sik, Democratic Party leader Lee Jae Myung, former People Power Party leader Han Don Hoon, and employees of the National Election Commission.
Yoon was arrested and detained by the Corruption Investigation Office for High-ranking Officials (CIO) on January 19, 47 days after the December 3 martial law incident. The arrest was based on concerns about potential evidence destruction. This marks an unprecedented event in South Korean constitutional history—the first time a sitting president has been arrested.
Yoon was formally indicted on January 26, a week after his arrest. The court has scheduled the first preparatory hearing for his trial for 10 a.m. on February 20. After this initial hearing, the decision on whether to consolidate the trials of Yoon and other defendants charged with rebellion conspiracy will be made.
If the request to cancel the arrest is granted, the prosecutor can immediately appeal based on Article 97, Section 4 of the Criminal Procedure Act.
Conversely, if the request is denied, Yoon’s legal team is expected to file a bail request with the court as part of the appeals process.
