Yoon's Side Claims "Detention Is Unlawful and Unjust"... Files Habeas Corpus Review with Seoul Central District Court

Court Must Conduct Suspect Interrogation Within 48 Hours
Special Investigation Team on Insurrection Attempts Third Forced Attendance on the 16th

Former President Yoon Sukyeol, who was re-arrested by the special investigation team on insurrection led by Cho Eunseok, has filed a habeas corpus review with the court to challenge the legality of his detention.

Former President Yoon Sukyeol is heading to Seoul Detention Center after completing the second pre-arrest suspect hearing (warrant review) held at the Seoul Central District Court in Seocho-gu, Seoul on July 9, 2025. Photo by Joint Press Corps

On July 16, Yoon's legal representatives announced, "This morning, we submitted a petition for a habeas corpus review on behalf of former President Yoon to the Seoul Central District Court," adding, "We intend to contest the detention on the general legal grounds that it is substantively and procedurally unlawful and unjust."

The habeas corpus review is a procedure in which the court examines whether the detention of a suspect is lawful and whether there is a continued need for detention. According to the Criminal Procedure Act, the court must interrogate the suspect and conduct an evidentiary review within 48 hours after the petition for habeas corpus review is filed.

Afterward, the court must comprehensively reassess the necessity of detention, including whether the requirements and procedures for detention have been violated, the risk of evidence destruction, and the possibility of flight, before making a decision to release or dismiss the petition.

Previously, on July 10, Nam Sejin, the chief judge in charge of warrants at the Seoul Central District Court, issued an arrest warrant for former President Yoon on the grounds of "concerns over evidence destruction."

Since his detention on July 10, former President Yoon has refused to comply with the special investigation team's summons, citing health reasons. The special investigation team deemed his reasons for noncompliance to be unjustified and attempted to bring him in by force on two occasions, but failed as Yoon refused to comply each time. On this day, the special investigation team issued a detention directive for former President Yoon at Seoul Detention Center until 2 p.m.

If former President Yoon refuses a third attempt at compulsory attendance, the special investigation team is expected to consider indicting him without further in-person or additional investigation. The initial detention period for former President Yoon is until July 19.