Published: 11:31, January 16, 2025 | Updated: 14:26, January 16, 2025
South Korean court to review Yoon's arrest
By Agencies
Impeached South Korean President Yoon Suk-yeol, (center), sits in a car as he heads to a detention center in Uiwang, South Korea, Jan 15, 2025. (PHOTO / YONHAP VIA AP)

SEOUL - A South Korean court will on Thursday start the process to review the arrest appropriateness application filed by President Yoon Suk-yeol's legal team after his arrest on Wednesday.

The arrest appropriateness review is a legal procedure in which a suspect, claiming improper arrest, requests the court to order their release.

According to local TV channel YTN, the Seoul Central District Court is expected to start the process at 5 pm local time.

Yoon's team filed the application on Wednesday, arguing that the Corruption Investigation Office for High-ranking Officials (CIO) does not have the authority to investigate allegations of insurrection and that the arrest warrant should have been issued by the Seoul Central District Court rather than the Seoul Western District Court.

According to relevant laws, the court is required to process the case within 48 hours of receiving the application and must decide whether to release the suspect within 24 hours after the process concludes.

South Korean investigators on Wednesday announced that the arrest warrant for Yoon had been executed and the impeached president was subsequently transferred to the CIO for questioning

Separately, Yoon does not intend to take part in a second day of questioning on Thursday, his lawyer said, further stonewalling a criminal probe into whether he committed insurrection with his martial law bid.

Yoon, the first sitting South Korean president to be arrested, was taken to the Seoul Detention Centre on Wednesday evening after refusing to cooperate, where he was expected to have spent the night in a solitary cell.

Yoon's refusal to cooperate with investigators comes as the Constitutional Court is due to hold a second hearing in his impeachment trial to determine whether to remove him permanently or reinstate his presidential powers.

ALSO READ: Yoon taken into custody after month of standoff

Yoon's arrest on Wednesday ended a weeks-long standoff with authorities after police swooped before dawn on his fortified hillside villa in Seoul to the despair of followers at the site.

Yoon said he turned himself in for questioning by corruption investigation officials to prevent what he called the risk of "unsavoury bloodshed", though he continued to protest that it was an illegal investigation and invalid arrest warrant.

Yoon has up to now refused to talk with investigators who had prepared a questionnaire of more than 200 pages, an official from the CIO that is heading the criminal inquiry said on Wednesday.

ALSO READ: S. Korean investigators question arrested Yoon in insurrection probe

His lawyers have said the arrest warrant is illegal because it was issued by a court in the wrong jurisdiction and the team set up to investigate him had no legal mandate to do so.

They have also asked another court to review the legality of the arrest.

His legal team has flatly denied allegations against Yoon of masterminding insurrection, a crime in South Korea punishable by life imprisonment or even the death penalty.

Separately, after parliament impeached Yoon on Dec 14 over his martial law attempt the Constitutional Court will now decide whether to uphold the impeachment.

Opinion polls show a majority of South Koreans support impeaching Yoon, but the attempts to arrest him appear to have rallied his hardcore supporters.