<W解説>52日ぶりに大統領公邸に戻った韓国・尹大統領=釈放が与えうる影響は?
South Korean President Yoon returns to the presidential residence after 52 days: What impact could his release have?
South Korean President Yoon Seok-yeol, who declared "emergency martial law" in December last year and was arrested and indicted on charges of treason in January this year, was released on the afternoon of the 8th of this month.
The move comes after Yoon decided not to appeal the ruling. Yoon waved to the many supporters gathered in front of the detention center before getting into his car. It was his first time in 52 days since being detained.
He returned to the presidential residence in Yongsan, Seoul on Tuesday. Regarding Yoon's detention, his legal team argued that "the detention period had already expired by the time the prosecution indicted him," and that his detention was unjust.
The defense team also argued that the High Ranking Public Officials Crime Investigation Agency (PPA), which conducted the investigation, does not have the authority to investigate the crime of treason.
Regarding the decision to cancel the detention, the South Korean newspaper Dong-A Ilbo said, "The prosecution was trying to conduct additional investigations, which led to the cancellation of the detention, and the High Ranking Public Officials Crime Investigation Agency (PPA) was investigating whether it had the authority to investigate the crime of treason.
"There are criticisms that he took over the case without knowing the truth and made the problem bigger," the report said. Yoon declared "emergency martial law" late at night on December 3rd last year. Emergency martial law is the first law in South Korea.
A type of martial law defined by the Constitution. It is issued by the President in times of war, emergency, or other military emergency, or to maintain public order. Martial law has been issued since the democratization of the country in 1987.
However, martial law must be lifted if a majority of the members of the National Assembly request it, and immediately after it was issued, a plenary session of the National Assembly was held, and all the members present voted to lift it.
In favor. Yoon lifted the state of emergency after just six hours. Opposition parties, including the Democratic Party of Korea, have argued that Yoon violated the constitution, arguing that he "attempted to suspend the constitutional order and commit an insurrection that sought to seize permanent power."
The National Assembly submitted a motion to impeach Yoon, pointing out his violation of the Constitution. The motion was passed by 204 votes in favor and 85 votes against on the 14th of last month. Yoon was subsequently suspended from his duties and is currently serving as the head of the National Assembly.
Deputy Prime Minister for Economic Affairs and Minister of Strategy and Finance Ng Mok is acting as the president. The declaration of emergency law has caused political and social unrest, and the opposition party has accused Yoon of instigating a civil war.
A joint investigation headquarters of the agency and the police carried out the investigation, and arrested Yoon on January 15. This was the first time in South Korea's constitutional history that a sitting president had been arrested.
Yoon was arrested on suspicion of masterminding the plot. The prosecution indicted him on the 26th, but the defense argued that the period during which he could be detained had passed, making it illegal.
There is a legal provision that the period during which the investigative authorities' materials are deposited with the court for a criminal review does not count toward the detention period. The prosecution calculated this period in days, but the Seoul Central District Court calculated it in hours.
On the 7th of this month, the court ruled in favor of Yoon's defense's request to cancel his detention. If calculated by the hour, Yoon's detention period would have expired on January 25th, but the prosecution had indicted him on the 26th.
The district court also pointed out that the scope of the investigation by the Public Prosecutor's Office, which arrested Yoon, did not include the crime of treason. Attention was focused on whether the prosecution would immediately appeal the decision, but the prosecution responded, "We will not accept the court's decision.
Yoon gave up, saying, "I respect the right of the people." Yoon was released on the 8th. As he walked out of the detention center, he waved and bowed to his supporters.
"I am grateful to the Seoul Central District Court for their courage and determination in exposing the injustice," he said in a statement to his supporters.
I would like to express my deep gratitude to everyone in the country." After being released and returning to the presidential residence, Yoon will now face his criminal trial at home. An impeachment trial is also underway against Yoon.
The Constitutional Court, which will decide whether Yoon should be removed from office, is expected to make a decision on the impeachment trial in the middle of this month. The South Korean newspaper Hankyoreh reported that the impeachment trial decision will result in Yoon being released from custody.
Regarding the fact that the ruling was made public, he explained that "the prevailing view is that it will not have a significant impact on the impeachment trial." While introducing the views of experts, he said, "The Constitutional Court has decided from the beginning to separate criminal trials, which require a high level of proof, from constitutional trials.
"The fact that the differences are being distinguished means that there is little connection between the cancellation of arrest in President Yoon's criminal trial and the impeachment trial," he said.
They are on high alert, fearing that the defensive forces are gaining momentum and this could work to their detriment in their bid to regain power.
2025/03/10 14:19 KST
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