Court upholds detention of impeached South Korean President Yoon amid insurrection investigation

A South Korean court late on Thursday rejected impeached President Yoon Suk Yeol’s request to review the legality of his detention, effectively keeping him in custody as he is investigated for insurrection charges.

According to The Korea Herald, the Seoul Central District Court reached this decision after two hours of deliberation, during which Yoon’s legal team contested the validity of the investigation led by the Corruption Investigation Office for High-ranking Officials. They argued that the detention warrant was issued by the Seoul Western District Court, claiming it was invalid due to jurisdictional issues.

Following the court’s ruling, the CIO is expected to formally request Yoon’s arrest on Friday, added the report.

President Yoon and investigators have been in a tense standoff since his arrest on Wednesday, as he cited health issues to avoid interrogations until Thursday. Yoon’s legal team took a step further on Thursday by requesting the court to review the legality of Yoon’s detention.

After refusing to cooperate with questioning in the morning, his team informed investigators he would not attend the afternoon session either. Yoon spent the night at the Seoul Detention Center following hours of silent questioning on the first day.

The court held a hearing at 5 pm to assess Yoon’s request regarding his detention’s legality. Meanwhile, the 48-hour deadline for holding him was extended as the court reviewed evidence from the Corruption Investigation Office (CIO). Yoon was set to be released Friday morning unless the CIO sought another warrant for extended custody. reported The Korea Herald.

“The Seoul Central District Court requested us to send the records for the court review. When the court registers our files, the time for the investigation will be put on hold until the records are returned to us after the ruling,” The Korea Herald quoted a CIO official as saying earlier.

President Yoon’s request for a detention review delayed the CIO’s decision on whether to file for an additional formal warrant to detain him for another eight days. If the warrant is granted, the CIO is expected to transfer the case to the prosecution, which has the authority to indict him.

“The CIO and the prosecution agreed to spend 10 days each for investigations, but the schedule can be adjusted according to the changing situation,” the CIO official said.

Article 31 of the Corruption Investigation Office for High-ranking Officials Act states that cases pursued by the agency fall under the jurisdiction of the Seoul Central District Court. However, the CIO can initiate prosecution in the appropriate court based on where the alleged corruption occurred, the location of evidence, and the defendant’s circumstances.

Seok Dong-hyeon, one of Yoon’s legal representatives, contended that the CIO lacks the authority to investigate the insurrection charge against Yoon.

On January 6, the Seoul Western District Court rejected an appeal from Yoon’s legal team, clarifying that while the suspect can challenge the validity of the arrest, he cannot dispute the legality of the warrant.

The court emphasised that both the presidential office and residence are within the Seoul Western District Court’s jurisdiction, meaning the warrant complies with Article 31 of the CIO Act.

It also noted that the CIO issued the warrant to investigate Yoon for abuse of power, a form of corruption within the agency’s scope.

The court concluded that including the insurrection charge in the warrant, which is closely linked to abuse of power, does not render it invalid or illegal.

With inputs from agencies