Anchor: A Seoul court has ruled that President Yoon Suk Yeol's detention is illegal and he should be released. In its ruling on Friday, the Seoul Central District Court agreed with Yoon's request to cancel his detention over his martial law decree, calling for procedural clarity in investigating the suspended president. However, the ruling does not immediately lead to Yoon's release as prosecutors can file an appeal.
Kim Bum-soo has more.
 
Report: A Seoul court says suspended President Yoon Suk Yeol should be released, citing procedural errors in his detention.

In its ruling on Friday, the Seoul Central District Court greenlit Yoon's request to cancel his detention over his martial law decree.

The court agreed with Yoon's defense team, which argued that he was unlawfully put behind bars, as he was not indicted until 6:52 p.m. on January 26, one day after his pretrial detention warrant had expired. 

While advocating for the suspended president's release, the defense contended that the prosecution miscalculated the time it took for the court to review the legality of his arrest warrant and the prosecution’s request for pretrial detention.

The prosecution, however, had countered that under the Criminal Procedure Act and legal precedents, the 33-hour review period should be counted as two days, arguing that releasing Yoon could lead to the destruction of evidence.

The court emphasized the need to ensure procedural clarity and the legitimacy of the investigation in Yoon’s insurrection trial.

The ruling does not automatically lead to Yoon’s immediate release. Under South Korean criminal procedure, the prosecution can file an immediate complaint against a ruling to cancel detention within a week, during which time the defendant must remain in custody. 

While it remains unclear whether the prosecution will try to appeal Friday's court decision, Yoon’s defense team has urged investigators to immediately release him.

President Yoon was sent to the Seoul Detention Center after investigators secured his custody on January 15, on charges of inciting an insurrection by imposing martial law in December.

Alongside the criminal case, Yoon is waiting for the Constitutional Court’s decision on his impeachment by the National Assembly, expected as soon as mid-March.
Kim Bum-soo, KBS World Radio News.