Seoul (AFP) – A South Korean court cancelled the arrest warrant of impeached President Yoon Suk Yeol on Friday, but he remains behind bars with the prosecution likely to appeal.

Yoon’s lawyers filed a request to cancel his arrest warrant last month, arguing his detention was unlawful because the prosecution had waited too long to indict him.

“It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired,” said a document from the Seoul Central District Court.

“To ensure procedural clarity and eliminate any doubts regarding the legality of the investigative process, it would be appropriate to issue a decision to cancel the detention,” the court added.

The president was impeached and detained for his December 3 declaration of martial law.

But his lawyers said the cancellation of his arrest does not necessarily mean that he will be released straight away.

“Even if the court decides to cancel the detention, the defendant is not immediately released,” Yoon’s lawyer, Seok Dong-hyeon, said Friday.

“The defendant will be released only if the prosecutor waives the right to appeal, or does not file an appeal within the prescribed period”.

Prosecutors did not immediately respond to a request for comment from AFP.

The opposition Democratic Party slammed the court decision.

“The prosecution must immediately appeal, to ensure a ruling that aligns with the public’s sense of justice,” said opposition party floor leader Park Chan-dae.

…