Court upholds detention of impeached South Korean president

16 January 2025, 14:54

South Korean President Yoon Suk Yeol outside the Corruption Investigation Office for High-Ranking Officials in Gwacheon, South Korea
South Korea Martial Law. Picture: PA

Lawyers had asked the Seoul Central District Court to consider Yoon Suk Yeol’s release but the court denied their petition late on Thursday.

Lawyers for impeached South Korean President Yoon Suk Yeol failed in their court effort to secure his release on Thursday, a day after he was detained for questioning over rebellion allegations linked to his martial law declaration last month.

Mr Yoon was sent to a detention centre near the country’s capital, Seoul, after undergoing more than 10 hours of questioning on Wednesday at the headquarters of the Corruption Investigation Office for High-Ranking Officials, during which he exercised his right to remain silent.

Mr Yoon refused further questioning by the anti-corruption officials on Thursday as his lawyers maintained that the investigation was illegal.

South Korean President Yoon Suk Yeol sitting in a car
Impeached South Korean President Yoon Suk Yeol sits in a car as he heads to a detention centre in Uiwang, South Korea (Kim Sung-min/Yonhap via AP)

Lawyers had asked the Seoul Central District Court to consider his release, questioning the validity of the detention warrant for Yoon issued by the Seoul Western District Court.

But the Central District Court denied their petition late on Thursday.

Mr Yoon had avoided several requests to appear for questioning before the anti-corruption agency and police carried out a major law enforcement operation involving hundreds of personnel to detain him at his residential compound in Seoul.

Investigators are expected to move to place him under arrest in the coming days.

The anti-corruption agency, which is leading a joint investigation with the police and the military over whether Mr Yoon’s martial law declaration amounted to attempted rebellion, has 48 hours either to request a court order for his formal arrest or to release him.

A lawyer speaking to the media outside the Seoul Central District Court
Seok Dong-hyeon, a lawyer for South Korea’s impeached President Yoon Suk Yeol, speaks to the media at the Seoul Central District Court (Lee Jin-man/AP)

On Thursday, his lawyers formally declared that Wednesday’s raid at the presidential residence, which led to the detention of a head of state, was illegal, in complaints filed with prosecutors.

Mr Yoon did not attend the hearing on Thursday, which was part of the review over his detention warrant, because of security concerns, according to Seok Dong-hyeon, one of the president’s lawyers.

Hundreds of Mr Yoon’s supporters rallied for hours in streets near the court and the detention centre where he was being held, waving banners and chanting slogans calling for his release.

Mr Yoon set off the country’s most serious political crisis since its democratisation in the late 1980s when he attempted to break through gridlock in legislation by declaring martial law and deploying troops around the National Assembly on December 3.

The stand-off lasted only hours before politicians managed to get through the blockade and voted to lift the measure.

His presidential powers were suspended when the opposition-dominated assembly voted to impeach him on December 14, accusing him of rebellion. His fate now rests with the Constitutional Court, which has begun deliberating on whether to formally remove Mr Yoon from office or reject the charges and reinstate him.

Supporters of Mr Yoon stage a rally to oppose his impeachment outside a detention centre in Uiwang, South Korea
Supporters of Mr Yoon stage a rally to oppose his impeachment outside a detention centre in Uiwang, South Korea, on Thursday (Ahn Young-joon/AP)

Mr Yoon and his allies have defied efforts to investigate his role in the chaos of December 3. He ignored requests to appear for questioning for weeks, remaining in his official residence to avoid detention as his lawyers turned away police, citing a law that protects locations potentially linked to military secrets from search without the consent of the person in charge — Mr Yoon himself.

They also said that the anti-corruption agency had no legal authority to investigate rebellion allegations.

Mr Yoon also resisted one attempt to detain him as the presidential security service barricaded the residence. He was finally brought into custody after hundreds of anti-corruption investigators and police raided the presidential compound for around five hours in a second attempt.

In a video message recorded shortly before he was escorted to the headquarters of the anti-corruption agency, Mr Yoon lamented that the “rule of law has completely collapsed in this country”.

He echoed the arguments of his lawyers that the anti-corruption agency does not have the authority to investigate his actions, but said that he accepted detention to prevent violence.

If prosecutors charge Mr Yoon with rebellion and abuse of power, he could remain under arrest until the first court ruling, which is typically made within six months, said Park Sung-bae, an attorney specialising in criminal law.

Under South Korean law, the leader of a rebellion can face the death penalty or life imprisonment, if convicted.

By Press Association

Latest World News

See more Latest World News

Video footage shows the convoy had emergency lights flashing when it was hit

Israel admits ‘mistakenly’ killing 15 aid workers after video leak contradicted official version of events

Jaguar Land Rover has paused shipments to the US in the wake of 'Liberation Day' tariffs

Jaguar Land Rover halts shipments to US in wake of tariffs as Trump insists he'll win 'economic revolution'

Flowers and toys left on a swing seat to commemorate victims killed in Russia's missile attack on Friday

Death toll from Russian strike on Zelenskyy's home town rises as 18 confirmed dead - including nine children

Donald Trump's 10% tariff on UK products has officially come into force

Trump tariffs come into force as global stock markets plunge deeper into the red

Tom Howard

British tourist killed after being struck by boulder on trek through Himalayas

In this photo provided by the Ukrainian Emergency Service, a car burns following a Russian missile attack that killed more than a dozen people, including children, in Kryvyi Rih, Ukraine, Friday, April 4, 2025. (Ukrainian Emergency Service via AP)

Russia kills 16 people including three children in missile strike on Zelenskyy's home town, with dozens wounded

Travel influencer Mykhailo Viktorovych Polyakov, 24, made an illegal visit to North Sentinel Island

Tourist who left Coke for world's most isolated tribe 'could have wiped them all out' - and police 'can't go collect can'

White House weighs in to support ‘censored’ anti-abortion activists in Britain

White House looking to support ‘censored’ anti-abortion activists in Britain

This image provided by NASA shows Nick Hague, right, Suni Williams, and Butch Wilmore. (NASA via AP)

Stranded NASA astronauts reveal they were almost trapped in space 'forever' after horror malfunction

Donald Trump demands France 'free Marine Le Pen'

Donald Trump demands France 'free Marine Le Pen' after far-right leader found guilty of embezzlement in 'witch hunt'

China will impose a 34% retaliatory tariff on imports from the US

China announces additional 34% tariffs on US imports in retaliation over Trump's 'Liberation Day' levies

Friends of Prince Andrew say he's "unsurprised" Giuffre made the post

Prince Andrew 'not surprised' his accuser shared shock post saying she had 'four days to live'

South Korea's impeached President Yoon Suk Yeol

South Korea president Yoon Suk Yeol removed from office as impeachment upheld over martial law declaration

Virginia Giuffre

Woman driving Prince Andrew accuser Virginia Giuffre during crash that left her with 'four days to live' breaks silence

Exclusive
'Donald Trump has made Putin comfortable,' Mikhail Khodorkovsky has warned

'Trump has made Putin comfortable' despite massive Ukraine war losses, exiled former oligarch tells LBC

The bodies of Andrew Searle and his wife Dawn were discovered by a neighbour.

British couple found dead in south of France home being ‘treated as murder-suicide’