Top prosecutor says 'due process' behind no appeal of Yoon's release
Published: 10 Mar. 2025, 12:47
Updated: 10 Mar. 2025, 13:06
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- KIM MIN-YOUNG
- [email protected]
![Prosecutor General Shim Woo-jung arrives at the Supreme Prosecutors' Office in Seocho District, southern Seoul, on March 10. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2025/03/10/09bd4ee3-fc91-4e3f-ab0e-c9bbbbd0917d.jpg)
Prosecutor General Shim Woo-jung arrives at the Supreme Prosecutors' Office in Seocho District, southern Seoul, on March 10. [YONHAP]
Prosecutor General Shim Woo-jung said Monday that the decision not to immediately appeal the court’s cancellation of President Yoon Suk Yeol’s detention was based on the principle of due process under the warrant system.
Seoul Central District Court Criminal Division 25 Judge Ji Gui-yeon ruled to cancel Yoon’s arrest on Friday, ruling that the prosecution’s conventional method of calculating detention periods did not align with the principles of the Criminal Procedure Act, meaning Yoon was unlawfully detained at the time of his indictment.
After deliberating for 27 hours, the prosecution decided to forgo an immediate appeal and release Yoon. Under current law, the prosecution should have appealed the decision within seven days of the ruling.
“After gathering various opinions from the investigation team and the Supreme Prosecutors’ Office’s division chiefs, I made a decision based on the principle of due process according to my convictions,” said Shim to reporters at the Supreme Prosecutors’ Office in Seocho District, southern Seoul.
Shim’s decision to not appeal the court was met with the liberal Democratic Party (DP) and its allies threatening to impeach the Prosecutor General on Sunday.
Shim said his decision does not “constitute grounds for resignation or impeachment” of him. He added that he will “respond accordingly” if the impeachment moves forward since the procedure “falls under the National Assembly’s authority.”
Shim said that he ordered Yoon’s release because the authority over detentions lies with the court. He also said the system allowing immediate appeals of decisions on detention suspension and bail had been ruled unconstitutional, as it was a remnant of past military regimes.
“Due process and human rights protection have been fundamental missions of the prosecution that I have continuously emphasized since taking office,” said Shim. “Since the court holds the authority to determine a defendant’s custody status after indictment, I respected its ruling.”
Shim said that the court’s ruling suggests there are issues with the longstanding judicial and prosecutorial practices regarding detention period calculations. He added that if this were not an issue, ambiguities in the law should not cast doubt on the legality of investigative procedures.
Shim said that the immediate appeal system for bail and detention suspension was introduced in 1972 during the Yushin Constitution era, which refers to the military dictatorship of Park Chung Hee. Shim said the introduction was done after the dissolution of the National Assembly and under emergency legislative measures.
“The Constitutional Court has twice ruled it unconstitutional,” said Shim.
Shim refuted criticism that the prosecution delayed Yoon’s indictment after a court refused to extend his detention, holding a meeting with chief prosecutors just before filing charges.
“I convened the meeting to thoroughly review legal issues concerning a matter of national significance,” Shim said. “The court’s method of calculating the detention period does not align with established prosecutorial and judicial practices.
“I do not agree that the chief prosecutors’ meeting was the reason for the detention cancellation.”
BY KIM MIN-YOUNG [[email protected]]
with the Korea JoongAng Daily
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