As South Korea’s Yoon walks free, his presidency hangs by a thread

Legal experts warn that Yoon’s release from detention is unlikely to shield him from the Constitutional Court’s decision on his removal

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Yoon Suk-yeol exits a vehicle on Saturday as he arrives in front his official residence in Seoul after being released from detention. Photo: Yonhap/EPA-EFE

Published: 8:00am, 11 Mar 2025Updated: 8:24am, 11 Mar 2025

When Yoon Suk-yeol, South Korea’s suspended president, strode out of the Seoul Detention Centre on Saturday after 52 days behind bars, his supporters erupted in cheers.

The ruling People Power Party (PPP) declared his release a vindication, while opposition lawmakers, in an overnight sit-in at the National Assembly, lambasted the move as a miscarriage of justice. But for all the noise, legal experts say the Constitutional Court’s expected ruling this week, which could permanently remove Yoon from office, is unlikely to be affected.

His release from detention followed a district court on Friday finding procedural flaws in his arrest. This decision has emboldened the PPP, which is now calling for the Constitutional Court to reflect the ruling in its impeachment verdict.

Yoon faces two separate legal battles: a criminal trial for insurrection following his brief and controversial declaration of martial law on December 3, and an impeachment process launched by the National Assembly to be decided by the Constitutional Court.

If impeached, he will become the first South Korean president permanently ousted for insurrection, exposing him to a litany of additional charges, including abuse of power and illicit political fundraising. Under South Korea’s constitution, a president cannot face criminal indictment while in office unless charged with treason or insurrection. Impeachment would strip Yoon of that immunity.

Yoon (left) gestures to supporters outside Seoul Detention Centre on Saturday after his release. Photo: Newsis via Xinhua

When it ordered Yoon’s release on Friday citing procedural errors, including an indictment that exceeded the legally allowed time frame, Seoul Central District Court also raised questions about whether the Crime Investigation Office for High Officials (CIO) had the authority to investigate insurrection and arrest Yoon on such charges.